Alumilite Architecturals Limited v. Sheth Developers Pvt Ltd

ssp 947 CARBPL 1143 OF 2018.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION ARBITRATION PETITION (L) NO.1143 OF 2018 Alumilite Architecturals Ltd.

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Petitioner versus Sheth Developers Pvt. Ltd.

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Respondent Mr. Cyrus Ardeshir with Mr. Nimay Dave, Ms. Aparna Wagle, Mr. Yash Garach I/by M/s. Alliance Law, for Petitioner.

Ms. Pragati Malle with Mr. Kishore Salunkhe, for Respondent. CORAM: S.J. KATHAWALLA, J.

DATE: 1 st NOVEMBER, 2018 P.C.:

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Heard the learned Advocates appearing for the parties and the following order is passed by consent :

(i) Mr. Arif Doctor, Advocate is appointed as the sole Arbitrator to decide the disputes between the parties arising out of the Work Orders dated 10-10-2017 read with amended Work Order dated 31 st March, 2018.

(ii)The disclosure of Mr. Arif Doctor, Advocate under Section 11 (8) read with Section 12 (1) of the Arbitration and Conciliation Act, 1996 as amended by the Arbitration and Conciliation (Amendment) Act, 2015 (3 of 2016) is taken on record. (iii)The parties and/or their Advocates shall appear before the learned Arbitrator in his chambers, on 2 nd November, 2018 at 5.00 p.m. and obtain necessary directions.

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ssp 947 CARBPL 1143 OF 2018.doc (iv)The present Petition filed under Section 9 of the Act shall be treated as a Petition under Section 17 of the Act and decided by the learned Arbitrator within a period of four weeks from today. The Affidavit in Reply filed by the Respondent shall be treated as a Reply to the Petition under Section 17 of the Act by the learned Arbitrator.

(v) The learned Arbitrator shall endeavour to pass his final Award within a period of six months from the date of this order. (vi)The learned Arbitrator shall not grant adjournments to the parties unless absolutely necessary.

(vii) All contentions of the parties are kept open. (viii) The cost of arbitration shall initially be borne by the parties equally. (ix) The venue of Arbitration shall be at Mumbai. (x) In view of this order, the above Arbitration Petition is disposed of. ( S.J.KATHAWALLA, J. ) 2/2