Admirecon Infrastructures Pvt.Ltd. v. Vastu Juhu Co-Op Housing Society Ltd.

Shephali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION COMM ARBITRATION APPLICATION NO. 391 OF 2018 Admirecon Infrastructure Pvt Ltd ...Applicant

Versus

Vastu Juhu CHS Ltd

...Respondent

Mr Arthav Sanghvi,i/b Praxis Legal , for the Applicant. Mr Ankit Lohia, for the Respondent.

CORAM:

G.S. PATEL, J (Through Video Conference) DATED:

PC:- 1.

Heard through video conferencing.

2.

The disputes and differences between the parties arising from the contract dated 17th October 2012 are referred to the sole arbitration of Mr Prateek Seksaria, learned advocate of this Court. The terms of appointment are set out below.

Shephali Mormare 3.

The Commercial Arbitration Application is disposed of in by Shephali Mormare Date: 2020.10.14 11:14:31 +0530 these terms. No costs.

4.

this Court. All concerned will act on production by fax or email of a TERMS OF APPOINTMENT (a) Appointment of Arbitrator: By consent, Mr Prateek Seksaria, learned advocate of this Court, is hereby nominated to act as a Sole Arbitrator to decide the disputes and differences between the parties under the Contract dated 17th October 2012.

(b) Communication to Arbitrator of this order:

A copy of this order will be communicated to the learned Sole Arbitrator by the Advocates for the Applicant within one week from the date this order is uploaded.

(ii) In addition, within one week of this order being uploaded, the Registry will forward an ordinary copy of this order to the learned Sole Arbitrator at the following postal and email addresses:

Arbitrator Mr Prateek Seksaria, Advocate.

Address 15th Floor, Ramnimi Fort Next to Mahesh Lunch Home Cawasji Patel Street Fort, Mumbai 400001 Mobile +91 98200 74515 Email prateek.seksaria@gmail.com

(c) Disclosure: The learned Sole Arbitrator is requested to forward the necessary statement of disclosure under Section 11(8) read with Section 12(1) of the Arbitration Act to the Prothonotary and Senior Master of this Court, referencing this arbitration application, as soon as possible, and in any case sufficiently before entering upon the reference to arbitration. That statement will be retained by the Prothonotary & Senior Master on the file of this application. Copies will be given to both sides. (d) Appearance before the Arbitrator: Parties will appear before the learned Sole Arbitrator on such date and at such place as the learned Sole Arbitrator nominates to obtain appropriate directions in regard to fixing a schedule for completing pleadings, etc.

(e) Contact/communication information of the parties: Contact and communication particulars are to be provided by both sides to the learned Sole Arbitrator within one week of this order being uploaded. The information is to include a valid and functional email address.

(f) Section 16 application: The respondent is at liberty to raise all questions of jurisdiction within the meaning of section 16 of the Arbitration Act. All contentions are left open.

(g) Interim Application/s:

Liberty to the parties to make an interim application or interim applications including

(but not limited to) interim applications under Section 17 of the Arbitration & Conciliation Act, 1996 before the learned Sole Arbitrator. Any such application will be decided in such manner and within such time as the learned Sole Arbitrator deems fit.

(ii) The learned Sole Arbitrator is requested to dispose of all interim applications at the earliest.

(h) Fees: The arbitral tribunal's fees shall be governed by the Bombay High Court (Fee Payable to Arbitrators) Rules, 2018.

Sharing of costs and fees: Parties agree that all arbitral costs and the fees of the arbitrator will be borne by the two sides in equal shares in the first instance. (j) Consent to an extension if thought necessary. Parties immediately consent to a further extension of up to six months to complete the arbitration should the learned Sole Arbitrator find it necessary.

(k) Venue and seat of arbitration: Parties agree that the venue and seat of the arbitration will be in Mumbai. (G. S. PATEL, J)