Pennar Engineered Building Systems Limited v. Hindustan Construction

Nitin 1 / 2 986-ARBAP-312-2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION APPLICATION NO. 312 OF 2015 Pennar Engineered Building Systems Limited ...

Applicant

Versus

Hindustan Construction Company Limited ...

Respondent ALONG WITH ARBITRATION APPLICATION NO. 253 OF 2015 Pennar Engineered Building Systems Limited ...

Applicant

Versus

Hindustan Construction Company Limited ...

Respondent Ms. Heta Merchant a/w. Ms. Zainab Porbandarwala i/b. Eternity Legal for the Applicant.

Ms. Aparna Wagle a/w. Ms. Swati Singh i/b. Advaya Legal for the Respondent. CORAM : S.J. KATHAWALLA, J.

DATED : 29 TH JANUARY, 2016 P.C. :

1.

On 21 st January, 2016 this Court passed the following order : "1.By consent of the parties, the disputes in the above Arbitration Applications are proposed to be referred to Mr. Sharan Jagtiani, Advocate. In view thereof, Mr. Sharan Jagtiani, Advocate, shall submit disclosure under Section 11(8) read with Section 12(1) of Arbitration and Conciliation Act, 1996.

2. The Advocates for the parties shall forward a copy of this order to Mr. Sharan Jagtiani, Advocate.

3.All concerned to act on an ordinary copy of this order duly authenticated by the learned Associate of this Court.

4.Stand over to 29-01-2016."

Nitin 2 / 2 986-ARBAP-312-2015 2.

Pursuant to the above order, Mr. Sharan Jagtiani, Advocate has filed disclosure under Section 11 (8) read with Section 12 (1) of the Arbitration and Conciliation Act, 1996. The same is taken on record and the following order is passed by consent :

i.

The disputes arising out of the Work Order dated 21 st March, 2011 and Purchase Order dated 29 th October, 2010 between the parties are referred to the sole Arbitration of Mr. Sharan Jagtiani, Advocate. ii.

The parties shall appear before the learned Arbitrator in his chambers, on rd February, 2016 at 7.00 p.m. and obtain necessary directions. iii.

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

All contentions of the parties are kept open. v.

The venue of Arbitration shall be at Mumbai.

3.

In view of this order, the above Arbitration Applications are disposed of. ( S.J.KATHAWALLA, J. )