The Jeevan Sarita Co-Operative Housing Society Ltd. v. Arkade Developers Pvt. Ltd.

by JYOTI PRAKASH PAWAR Date: 2024.12.17 18:08:31 +0530 JYOTI PRAKASH PAWAR Jyoti Pawar P-1. CARAPL 40573.22.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMM. ARBITRATION APPLICATION (L)NO.40573 OF 2022 Jeevan Sarita CHS Ltd.

... Applicant V/s.

Arkade Developers Pvt. Ltd.

... Respondents _______________________________________ Mr. D.A. Athavale for the Applicant Mr. Mayank Vira i/b. Smita Sawant for Respondents _______________________________________ CORAM : FIRDOSH P. POONIWALLA, J.

DATE : 17 December 2024.

P.C. :

1.

Not on Board. Mentioned by way of praecipe.

2.

By an order dated 1 April 2024, passed by this Court, Justice S.C. Gupte, Retired Judge of this Court was appointed as an Arbitrator. The said order specified that the terms and conditions of the appointment of the Arbitrator would be as set out in the order dated 3 January 2024 passed by this Court.

3.

By the order dated 3 January 2024, one of the conditions prescribed by this Court was that the sole Arbitrator shall be entitled to the fees prescribed under the Bombay High Court (Fee Payable to Arbitrators) Rules, 2018.

1/2

Jyoti Pawar P-1. CARAPL 40573.22.doc 4.

Today, the parties are agreeable that the Arbitrator will be free to charge his fees in consultation with the parties and shall not be bound by the fees prescribed under the said Rules.

5.

In the light of the same, it is directed that the Arbitrator shall be free to charge his own fees in consultation with the parties and shall not be bound by the fees prescribed under the Rules. ( FIRDOSH P. POONIWALLA, J. ) 2/2