M/S Metropolitan Builders v. Ghatkopar Mahavir Palace Chsl And ANR

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMMERCIAL ARBITRATION APPLICATION NO.172 OF 2017 Pramod Dhabaria )....Applicant V/s.

Ghatkopar Mahavir Palace Co-op. Housing ) Society Ltd. & Anr.

)....Respondents WITH NOTICE OF MOTION NO.2087 OF 2017 IN ARBITRATION PETITION NO.1260 OF 2015 ---- Mr.Deepak Shukla a/w Ms.Swapna Samant I/by M/s.Vinod Mistry and Co. for the applicant.

Mr.Parag Shah I/by Shah Maheshkumar for respondent no.1. Mr.S.Nagvadaria I/by Mehta and Co. for respondent no.2. ---- CORAM : K.R.SHRIRAM,J DATE : 29.8.2018 P.C.:- 1.

Counsel appearing for the applicant, respondent no.1 and respondent no.2 state that though in the order dated 19.4.2018 Arbitration Petition No.1260 of 2015 along with Notice of Motion No.2087 of 2017 are noted to have been disposed off, the Notice of Motion No.2087 of 2017 in Arbitration Petition No.1260 of 2015 has not been directed to be considered along with the Petition as an Application under section 17 by the learned Arbitrator. Counsel request that Notice of Motion No.2087 of 2017 be considered as an Application under Section 17 by the Learned Arbitrator. Therefore, it KJ

2/2 904.CARAP172.17.doc is clarified that the learned Arbitrator shall also consider pleadings in the Notice of Motion as an Application under Section 17. Parties to appear before the learned Arbitrator at 5.00 P.M. on 31.8.2018 or on such date as the learned Arbitrator may fix. Application and Notice of Motion disposed.

Digitally signed by Jahagirdar Kiran Ganesh Date:

2018.08.30 11:53:06 +0530 Jahagirdar Kiran Ganesh (K.R.SHRIRAM,J) KJ