Chandresh Residency H Co-Op Housing Soc Ltd v. Asmita India Ltd And Ansari Azra M Hussain

Nitin 1 / 2 946-ARBAP-11-2016

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION APPLICATION NO. 11 OF 2016 Chandresh Residency H. CHSL.

...

Applicant

Versus

Asmita India Pvt. Ltd. and Ors.

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Respondents Mr. R.P. Khobragade a/w. Ms. S.P. Khobragade for the Applicant. Ms. Pooja Khandeparkar a/w. Ms. Sneha Patil i/b. M/s. K.K. Associates for the Respondents.

CORAM : S.J. KATHAWALLA, J.

DATED : 15 TH FEBRUARY, 2016 P.C.

1.

On 1 st 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. Rohaan Cama, Advocate. In view thereof, Mr. Rohaan Cama, 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. Rohaan Cama, 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. Rohaan Cama, 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 :

Nitin 2 / 2 946-ARBAP-11-2016 i.

The disputes arising out of the Development Agreement dated 29 th May, 2014 between the parties are referred to the sole Arbitration of Mr. Rohaan Cama, 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.

It is clarified that the learned Advocate appearing for the Applicant states that the Society shall be representing all its members before the Arbitral Tribunal. 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. )