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Bombay High CourtARBP/1474/2019disposed off

Chembur Shivsmruti Co-Operative Housing Society v. G. A Builders Pvt. Ltd.

2020-02-20Hon'Ble Shri Justice G.S. Patel2 pages

917ARBP1474-19-MODIFIED.DOC Arun

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO. 1474 OF 2019 Chembur Shivsmruti Cooperative Housing Society

...Petitioner

Versus

GA Builders Pvt Ltd

...Respondent

Mr Uday Warunjikar, for the Petitioner.

CORAM:

G.S. PATEL, J.

DATED:

20th February 2020 PC:- 1.

The Respondent is again absent. Mr Warunjikar points out that in fact no vakalatnama is fled either.

2.

In this view of the matter, and for the reasons already recorded in the order of 4th December 2019, the Petition will be made absolute in terms of prayer clauses (b), (c), (d), (e) and (f). 3.

Mr Warunjikar states that the Afdavit of Disclosure previously ordered has not yet been fled. Liberty to seek further reliefs in that regard before the learned sole Arbitrator. 20th February 2020

917ARBP1474-19-MODIFIED.DOC 4.

Mr Warunjikar states that arbitration has already been invoked. However that will now require him to fle a substantive application under Section 11 of the Arbitration and Conciliation Act 1996 in view of the non-responsiveness of the Respondent. 5.

Liberty to Mr Warunjikar to mention the Arbitration Application after it is fled and served for an early listing. 6.

The Arbitration Petition is disposed of in these terms. (G. S. PATEL, J) Note: This order is modifed by an order dated 2nd March 2020 passed on a praecipe for speaking to the minutes. Corrections are shown in bold and italics. 20th February 2020