Nikhil Maganlal Kanakia v. Navin Cardoz And ANR.

908-ARBPL-1403-2019.DOC Ashwini

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION (L) NO 1403 OF 2019 Nikhil S/o Maganlal Kanakia

...Petitioner

Versus

Navin Cardoz & Anr.

...Respondents

Mr Ashok Saraogi, with Mr Anand Mishra, for the Petitioner.

Mr Vishal Kanade, for the Respondent.

CORAM:

G.S. PATEL, J.

DATED:

4th December 2019 PC:- 1.

After some arguments Mr Saraogi seeks leave to withdraw the petition, which is accordingly dismissed as withdrawn. All contentions are left open.

2.

Mr Saraogi points out that the petitioner has already invoked arbitration and has in fact filed his statement of claim before the learned sole arbitrator.

3.

Mr Kanade on the other hand for the respondents does not accept either the appointment of the arbitrator or even the existence of an arbitration agreement. He maintains that there is no arbitration 4th December 2019

908-ARBPL-1403-2019.DOC agreement signed by the petitioner at all. These contentions are also left open.

(G. S. PATEL, J) 4th December 2019