Tirupati Developers v. Tachyon Realty Pvt. Ltd. And 2 Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION (L) NO.972 OF 2018 WITH ARBITRATION PETITION (L) NO.973 OF 2018 Tirupati Developers ..

Petitioner

Versus

Tachyon Realty Pvt. Ltd. & Ors.

..

Respondents Mr. Sanskar Marathe for petitioner

CORAM

:

G.S.KULKARNI, J.

DATE :

6th February 2019.

P.C.

Not on board. Taken on board on a pracipae moved by the petitioners.

2] By an order dated 22nd January 2019, this Court by consent of parties had appointed Mr. Sandesh Shukla, Advocate as prospective Arbitrator to adjudicate the disputes between the parties, arising under the Agreements dated 18th December 2013 and 14th July 2014.

3] This petition was adjourned to enable the parties to place on record the disclosure of the prospective arbitrator under section 11(8) read with 12(1) of the Arbitration and Conciliation Act, 1996. Mr. Marathe learned Counsel for petitioners has tendered the disclosure as made by the prospective arbitrator. The same is taken on record and marked "X" for identification.

4] In the above circumstances, these petitions are disposed of by the following order:- (I) Mr. Sandesh R. Shukla, Advocate is appointed Arbitrator to adjudicate the dispute and differences between the parties arising out of Agreements dated 18th December 2013 and 14th July 2014;

(ii) At the first instance, the parties shall approach the Arbitrator on 14th February 2019 at the time that may be fixed by the Arbitrator;

(iii) All contentions of the parties on merits are

expressly kept open;

(iv) The petitions are accordingly disposed of. No orders as to costs;

(G.S.KULKARNI, J.)