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Bombay High CourtARP/18/2024disposed off

Anita Dineshkumar Gandhi v. Mr Vilas Kantilal Parmar

2024-05-02Hon'Ble Shri Justice Somasekhar Sundaresan2 pages

38-ARP-18-2024.DOC Gaikwad RD

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION ARBITRATION PETITION NO.18 OF 2024 Anita Dineshkumar Gandhi

...Petitioner

Versus

Mr. Vilas Kantilal Parmar & Ors.

...Respondents

Mr. Monish P. Jain, i/b. Siddhant H. Deshpande with Mr. Gaurav Nashikkar, for the Petitioner.

CORAM

Dr. Neela Gokhale, J.

DATED:

2nd May 2024 PC:- 1.

The Petitioner seeks appointment of sole arbitrator to adjudicate disputes that have arisen between the parties out of the Single Joint Venture Agreement for development of immovable property dated 19th June 2006. The agreement was between the deceased husband of the Petitioner and the Respondent. 2.

Paragraph 34 of the said agreement is the arbitration clause. The Petitioner, by notice dated 20th July 2023 invoked the arbitration clause and requested the Respondent to participate in the appointment of an Arbitral Tribunal.

2nd May 2024

38-ARP-18-2024.DOC 3.

Mr. Jain learned Counsel appearing for the Petitioner states that there is no reply to this notice and he thus seeks appointment of an arbitrator by way of present petition.

4.

Issue notice to Respondent returnable within four weeks from today. The Petitioner is also permitted to serve the Respondent by private notice through all modes of communication as permissible in law. He undertakes to file an affidavit of service on or before the next date.

5.

List the matter on 13th June 2024.

(Dr. Neela Gokhale, J) Signed by: Raju D. Gaikwad Designation: PS To Honourable Judge Date: 04/05/2024 10:38:37 2nd May 2024