Doshi Engineering And Construction v. Indiabulls Constructions Ltd

20 CARAP 47 OF 2019 vks

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMMERCIAL ARBITRATION APPLICATION NO.47 OF 2019 Doshi Engineering and Construction ...

Applicant.

V/s.

Indiabulls Constructions Ltd ...

Respondents Mr. Rashid Khan a/w Mr. Prashant Phophale i/by PMH Law, for the Applicant.

Mr. Deepak Singh a/w Bhushan Bhatia i/by Solicis Lex, for respondent.

CORAM : G. S. KULKARNI, J.

DATE : 11th June 2019.

P.C. :

1] After hearing this petition for some time, learned counsel for respondent fairly submits that respondent is ready for appointment of sole arbitrator to adjudicate the disputes and differences between the parties, as arisen under the Work Order dated 26th February 2013. 2] In view of the consensus between the parties, this application is required to be disposed of by the following order:- Order i] Smt. Justice Mridula Bhatkar, former Judge of this Court, is appointed as the prospective sole Arbitrator to adjudicate the disputes and differences between the parties, arising under the 1/2

20 CARAP 47 OF 2019 Work order dated 26th February, 2013;

ii] The sole arbitrator, fifteen days before entering the arbitration reference, shall forward a statement of disclosure as per the provisions of Section 11(8) read with Section 12(1) of the Arbitration and Conciliation Act, 1996, to the Prothonotary & Senior Master of this Court, to be placed on record of these applications with a copy to be forwarded to both the parties; iii]At the first instance, the parties shall appear before the prospective arbitrator within 10 days from today at a date and time as may be fixed by the prospective arbitrator; iv]The learned prospective arbitrator shall endeavour to publish an award as expeditiously as possible and within the time limit as prescribed under Section 29-A of the Act;

iv] All contentions of the parties on merits of the matter are expressly kept open;

vi] The fees of the arbitral tribunal shall be governed in accordance with the fees prescribed under the Bombay High Court (Fees Payable to Arbitrators) Rules, 2018; vi] The Commercial Arbitration Application is disposed of in the above terms. No costs.

3] Office to forward a copy of this order to the learned Arbitrator on the following address:- 10, Rocky Hill, Narayan Dabholkar Road, Malbar Hill, Mumbai 400 006.

[G. S. KULKARNI, J] 2/2