M/S Gulchand Hotels Pvt Ltd v. M/S Prakash Housing Pvt Ltd.And 3 ORS

Nitin 1 / 2 921-NMS-1419-2014

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 1419 OF 2014 IN SUIT NO. 844 OF 2014 M/s. Gulchand Hotels Private Limited ...

Applicant

IN THE MATTER BETWEEN :

M/s. Gulchand Hotels Private Limited ...

Plaintiff

Versus

M/s. Prakash Housing Pvt. Ltd. and Ors.

...

Defendants ALONG WITH NOTICE OF MOTION NO. 1792 OF 2015 IN SUIT NO.844 OF 2014 Mr. Ashok Pande for the Applicant / Plaintiff. Mr. S.B. Prabhavalkar a/w. Ms. S.A. Chimalkar for Defendant No. 1. CORAM : S.J. KATHAWALLA, J.

DATED : 7 TH DECEMBER, 2015 P.C.

1.

Heard the learned Advocates appearing for the Applicant / Plaintiff and the Defendant No. 1 and the following order is passed by consent : i.

The disputes, which are subject matter of the present Suit are referred to the sole Arbitration of Mr. Nimay Dave, Advocate (Mobile No.9820886286). ii.

The learned Arbitrator shall endeavour to pass his Award within a period

Nitin 2 / 2 921-NMS-1419-2014 of sixteen weeks from the date of the first meeting held by him with the parties and their Advocates.

iii.

The parties shall appear before the learned Arbitrator in his chambers, on th December, 2015 at 5.30 p.m. and obtain necessary directions. iv.

The cost of arbitration shall initially be borne by the parties equally. v.

All contentions of the parties are kept open. vi.

The venue of Arbitration shall be at Mumbai.

2.

The statement made by the Defendants and recorded in the order dated st December, 2014 shall continue until the learned Arbitrator passes his award and for a period of eight weeks thereafter in the event of the Plaintiff being aggrieved by the said award.

3.

In view of this order, the Suit as well as Notices of Motion are accordingly disposed of.

4.

Refund of Court Fees if any as per rules.

( S.J.KATHAWALLA, J. )