The Borivali Amrapali Co-Operative Housing Society Ltd v. M/S.Shubh Enterprises And 3 ORS

Nitin 1 / 2 921-ARBAP-19-2016

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION APPLICATION NO. 19 OF 2016 The Borivali Amrapali CHSL.

...

Applicant

Versus

M/s. Shubh Enterprises & Ors.

...

Respondents Ms. Reshma Chitnis Potdar i/b. Chitnis Vaithy & Company for the Applicant. Mr. A. Motiwala for Respondents.

CORAM : S.J. KATHAWALLA, J.

DATED : 11 TH FEBRUARY, 2016 P.C.

1.

On 3 rd February, 2016 this Court passed the following order : "1.By consent of the parties, the disputes in the above Arbitration Application are proposed to be referred to Mr. Ashish Kamat, Advocate. In view thereof, Mr. Ashish Kamat, 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.

Ashish Kamat, 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 05-02-2016."

2.

Pursuant to the above order, Mr. Ashish Kamat, 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 Development Agreement dated 11 th

Nitin 2 / 2 921-ARBAP-19-2016 August, 2006 between the parties are referred to the sole Arbitration of Mr. Ashish Kamat, Advocate.

ii.

The parties shall appear before the learned Arbitrator in his chambers, on th February, 2016 at 5.30 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 Application is disposed of. ( S.J.KATHAWALLA, J. )