Malpani Construction Co (P) Ltd. v. Super Construction Company And 4 ORS.
Nitin 1 / 2 1007-ARBAP-5-2016
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION APPLICATION NO. 5 OF 2016 Malpani Construction Co. (P) Limited ...
Applicant
Versus
Super Construction Co. & Ors.
...
Respondents Ms. S. Shah i/b. M/s. Mehta and Girdharlal for the Applicant. Mr. Viray K. i/b. M/s. Vyas and Bhalwal for the Respondents. CORAM : S.J. KATHAWALLA, J.
DATED : 29 TH JANUARY, 2016 P.C. :
1.
On 21 st January, 2016 this Court passed the following order : "1.Mentioned. Not on board.
Taken on board.
2.Perused the emails exchanged between the Advocates for the parties.
The parties have agreed to refer the disputes to Mr. Karl Shroff, Advocate. In view thereof, Mr. Karl Shroff, Advocate shall submit disclosure under Section 11 (8) read with Section 12
(1) of Arbitration and Conciliation Act, 1996.
3.The Advocates for the parties shall forward a copy of this order to Mr. Karl Shroff, Advocate.
4.All concerned to act on an ordinary copy of this order, duly authenticated by the learned Associate of this Court.
5.Stand over to 29 th January, 2016".
2.
Pursuant to the above order, Mr. Karl K. Shroff, 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 1007-ARBAP-5-2016 i.
The disputes arising out of the Memorandum of Understanding dated 30th August, 2001 between the parties are referred to the sole Arbitration of Mr. Karl K. Shroff, Advocate.
ii.
The parties shall appear before the learned Arbitrator in his chambers, on nd 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. )