Mishal Construction Pvt Ltd v. Arihant Krupa Co Operative Hsg Soc Ltd

Chittewan 1/1

16. ARBP 462-16.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO.462 OF 2016 Mishal Construction Pvt. Ltd.

...

Petitioner

Versus

Arihant Krupa Co-operative Hsg.

Society Limited.

...

Respondent .....

Mr. Piyush Raheja a/w Ms. Ginni Ahuja I/b Markand Gandhi & Co. for the Petitioner.

None for the Respondent.

.....

CORAM : S.C. GUPTE, J.

DATE : 2 APRIL 2019 P. C. :

.

None has been appearing for the Respondent in the Arbitration Petition. The petition seeks various interim reliefs pending an arbitration reference concerning immovable property described in Exhibit 'A' to the petition. A statement made by the Respondent that it would not appoint any developer to develop the suit property has been accepted by the court. Such statement and its acceptance have been recorded in the order dated 25 January 2016. This ad-interim order has been continued and operates till date. The Petitioner has now moved an application for appointment of an arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996. In the premises, the arbitration petition is allowed in terms of prayer clause (c) in keeping with the original statement made by the Respondent. (S.C. GUPTE, J.)