Atlantis Entertainments, A Partnership Firm, Rep., By Its Partner, Baldevraj Arora And ANR., v. La Calypso Hotels (P) Ltd. And 2 ORS.,

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO. 976 OF 2017 ATLANTIS ENTERTAINMENTS, A PARTNERSHIP FIRM, REP., BY ITS PARTNER, BALDEVRAJ ARORA AND ANR., ... Petitioners

Versus

LA CALYPSO HOTELS (P) LTD. AND 2 ORS., ... Respondents Mr. N. Sardessai, Senior Advocate with Ms. A. Lobo, Advocate for the petitioners.

Mr. A. D. Bhobe and Ms. S. Bhobe, Advocates for the respondent no.1.

Coram:- C. V. BHADANG, J.

Date:- 9th November 2017 P.C.

On hearing Shri Sardessai, the learned Senior Counsel for the petitioners and Shri Bhobe, the learned Counsel for the respondent no.1, the petition is disposed of in the following terms, by consent of the parties :

(i) The respondent no.1 agrees that the seat of the arbitration continues to be in Goa although the venue of the arbitration can be elsewhere as agreed between the parties.

(ii) The petitioners shall be at liberty to make a request to the learned Arbitrator to have the venue of the

WP/976/2017 arbitration changed from Surat (Gujarat) to at any place other than in Gujarat.

(iii)It will also be open to the petitioners to point out to the Arbitrator about the inadequacy of the declaration made in pursuance of Section 12 of the Arbitration and Conciliation Act.

(iv) If the request as indicated in paras (ii) and (iii) above is made, the learned Arbitrator shall decide the same, after hearing the parties and in accordance with law. (v) All rival contentions of the parties are left open. (vi) The petition is disposed of in the aforesaid terms. C. V. BHADANG, J.

SMA