Satellite Developers Pvt Ltd. v. Integrated Realty Projects And 3 ORS.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION Digitally signed by SHRADDHA KAMLESH TALEKAR Date:

2025.01.29 20:51:57 +0530 IN ITS COMMERCIAL DIVISION SHRADDHA KAMLESH TALEKAR COMMERCIAL ARBITRATION APPLICATION NO. 3 of 2024 SATELLITE DEVELOPERS PVT LTD ....Applicant

Versus

INTEGRATED REALTY PROJECTS AND 3 ORS. ....Respondents Mr. Rushab Seth a/w. Miloni Gala, Mr. Sumeet Tirthani i/b Dhiren Shah for Applicant.

None for Respondents.

CORAM : SOMASEKHAR SUNDARESAN, J.

Date : January 24, 2025 P. C.

1.

This is an application under Section 11 of the Arbitration and Conciliation Act, 1996 ("the Act"), seeking appointment of an arbitrator in connection with disputes and differences between the parties under a Memorandum of Understanding dated June 23, 2018 ("MoU"), which contains an arbitration clause at Clause 20 (found at page 50 of the Application). In the interest of brevity, the arbitration agreement is not extracted here. Suffice it to say that the disputes fall within the jurisdiction of this Court.

2.

The parties had agreed to arbitration by a Sole Arbitrator, and only if there was no agreement between the parties over the Sole Arbitrator, it would move the matter to a three-member tribunal.

3.

It is seen from the record that arbitration was invoked by a letter dated August 27, 2022, to which there was no response. Thereafter, this Application came to be filed in 2022. It was also seen from the record that consequent to this Application being filed, multiple attempts were made to serve the parties, many of which have been successful, and I am satisfied that service has been completed.

4.

In these circumstances, no fruitful purpose would be served by keeping this Application pending any further, and that too when the Respondents have forfeited their say in the identity of the arbitrator. Consequently, this Application is finally disposed of , in the following terms : a. Justice (Retd.) Anuja Prabhudessai, Former Judge of this Court is hereby appointed as the Sole Arbitrator to adjudicate upon the disputes and differences between the parties arising out of and in connection with the Agreement referred to above. b. A copy of this Order shall be communicated to the Learned Sole Arbitrator by the Advocates for the Applicant within a period of one week from today. The Applicant shall provide the contact and

communication particulars of the parties to the Arbitral Tribunal along with a copy of this Order;

c. The Learned Sole Arbitrator is requested to forward the statutory Statement of Disclosure under Section 11(8) read with Section 12(1) of the Arbitration Act to the Advocates for the Applicant so as to enable them to file the same in the Registry of this Court. The Registry of this Court shall retain the said Statement on the file of this Application and a copy of the same shall be furnished by the Advocates for the Applicant to the Respondent; d. The parties shall appear before the Learned Sole Arbitrator on such date and at such place as indicated, to obtain appropriate directions with regard to conduct of the arbitration including fixing a schedule for pleadings, examination of witnesses, if any, schedule of hearings etc.

At such meeting, the parties shall provide a valid and functional email address along with mobile and landline numbers of the respective Advocates of the parties to the Arbitral Tribunal. Communications to such email addresses shall constitute valid service of correspondence in connection with the arbitration; e. All arbitral costs and fees of the Arbitral Tribunal shall be borne by the parties equally in the first instance, and shall be subject to any final Award that may be passed by the Tribunal in relation to costs. 5.

It is also clear that the parties have an agreement on various facets of procedure of the arbitration. Should there be any conflict between the

procedures agreed between the parties in Clause 20 of the aforesaid agreement, and any element of procedure in this order, the contents of Clause 20 of the agreement shall prevail.

6.

All actions required to be taken pursuant to this order, shall be taken upon receipt of a downloaded copy as available on this Court's website. [ SOMASEKHAR SUNDARESAN, J.]