Kamlesh Katoch v. S.B.Abodes Pvt Ltd

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO. 118 OF 2024 Kamlesh Katoch ... Petitioner Vs.

S.B. Abodes Pvt Ltd & Ors.

.. Respondents Digitally signed by SHRADDHA KAMLESH TALEKAR Date:

2025.07.15 21:18:36 +0530 SHRADDHA KAMLESH TALEKAR Mr. Durgaprasad Sabnis a/w. Hiten Lala, for Petitioner. Mr. Piyush M. Shah a/w. Dishang Shah, Manisha Jain and Shreya Modi, for Respondent No. 1.

Mr. Atharva A. Dandekar a/w. Milind Godbole, for Respondent Nos. 2 to 9, 11 and 13.

CORAM : SOMASEKHAR SUNDARESAN, J.

Date : July 3, 2025 Order :

1.

This is a Petition under Section 11 of the Arbitration and Conciliation Act, 1996 ("the Act").

2.

The issues raised in this Petition involve two competing camps of members and the developer who has a redevelopment agreement with the society. Without getting into whether this Court has jurisdiction at all, it would be appropriate to dispose of this Petition accepting the parties' consensus expressed in Court today that they would attempt to resolve their disputes by engaging in professional mediation. The parties are hereby referred to mediation in the following terms :

A] Ms. Alpana Ghone, an Advocate of this Court, is hereby appointed as the Mediator to adjudicate upon the disputes and differences between the parties. The contact particulars of the Mediator are given below :

Office Address : 53, Ajaydeep House, 240 Parin Nariman Street, Fort, Mumbai 400001 Email : alpana@alpanaghone.com B] A copy of this Order will be communicated to the Learned Mediator by the Advocates for the Petitioner within a period of one week from the date on which this order is uploaded on the website of this Court. The Petitioner shall provide the contact and communication particulars of the parties to the Mediator along with a copy of this Order;

C] The Learned Mediator is requested to forward the report within a period of two weeks from receipt of a copy of this Order; D] The parties shall appear before the Learned Mediator on such date and at such place as indicated, to obtain appropriate directions with regard to conduct of the Mediation 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 Mediator.

E] All mediation costs and fees of the Mediator shall be borne by the

parties equally in the first instance, and shall be subject to any final report Award that may be passed by the Mediator in relation to costs. 3.

The Petition is disposed of.

4.

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.]