Rahul Ramesh Shelar v. Raj Realtors A Partnership Firm

Digitally signed by MUGDHA MANOJ PARANJAPE Date:

2024.08.27 16:12:01 +0530 MUGDHA MANOJ PARANJAPE 1 52-ARP 54-24.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION ARBITRATION PETITION NO.54 OF 2024 Rahul Ramesh Shelar ... Petitioner V/s.

Raj Realtors & Ors.

... Respondents ----- Adv. Reshma Nair i/by Devmani Shukla for the Petitioner. Mr. Jeetenndra Sachhdev i/by JA Legal for Respondent Nos.1 to 15. ----- CORAM :

ARIF S. DOCTOR, J.

DATE :

26TH AUGUST 2024 P.C. :

1.

The disputes and differences between the parties arise out of an Agreement for Sale dated 28 th July 2016, which is entered into between the Petitioner and the partners of Respondent No.1 Firm. 2.

Learned Counsel appearing on behalf of the Petitioner submits that subsequent to this Agreement for Sale, various other Memorandums of Understanding have also been entered into and it is thus that there are several Respondents.

2 52-ARP 54-24.doc 3.

Learned Counsel appearing on behalf of all the Respondents does not oppose the appointment of an Arbitrator. Hence, I deem it fit to appoint Mr. Bernardo Reis, Advocate to act as the Sole Arbitrator to resolve the disputes and differences between the Petitioner and the Respondents under the Agreement for Sale as also the supplementary Memorandums of Understanding. Thus, I appoint Mr. Bernardo Reis, Advocate in the following terms :- TERMS OF APPOINTMENT (a) Appointment of Arbitrator: Mr. Bernardo Reis, Advocate is hereby nominated to act as a Sole Arbitrator to decide the disputes and differences between the parties.

(b) Communication to Arbitrator of this order:

(i) A copy of this order will be communicated to the learned Sole Arbitrator by the Advocates for the Petitioner within one week from the date this order is uploaded.

(ii) The Advocates for the Petitioner will forward an ordinary copy of this order to the learned Sole Arbitrator at the following postal and email addresses: Arbitrator Mr. Bernardo Reis, Advocate Address 5A, Bhagyodaya, 79, Nagindas Master Road, Fort, Mumbai - 400 001.

3 52-ARP 54-24.doc Mobile 9820865337 Email adv.breis@gmail.com (c) Disclosure: The learned Sole Arbitrator is requested to forward, in hard copy or soft copy (or both), the necessary statement of disclosure under Section 11(8) read with Section 12(1) of the Arbitration Act to Advocates for the parties as soon as possible. The Advocates for the Petitioner will arrange to file the original statement in the Registry. If the statement is forwarded in soft copy, a print out of the covering email is also to be filed in the registry.

(d) Appearance before the Arbitrator: Parties will appear before the learned Sole Arbitrator on such date and at such place as the learned Sole Arbitrator nominates to obtain appropriate directions in regard to fixing a schedule for completing pleadings, etc. (e) Contact/communication information of the parties: Contact and communication particulars are to be provided by both sides to the learned Sole Arbitrator. The information is to include functional email addresses and mobile numbers.

(f) Section 16 application: The respondent is at liberty to raise all questions of jurisdiction within the meaning of section 16 of the Arbitration Act. All contentions are left open.

4 52-ARP 54-24.doc (g) Interim Application/s:

(i) Liberty to the parties to make an interim application or interim applications including (but not limited to) interim applications under Section 17 of the Arbitration & Conciliation Act, 1996 before the learned Sole Arbitrator. Any such application will be decided in such manner and within such time as the learned Sole Arbitrator deems fit.

(ii) The learned Sole Arbitrator is requested to dispose of all interim applications at the earliest.

(h) Fees: The arbitral tribunal's fees shall be governed by the Bombay High Court (Fee Payable to Arbitrators) Rules, 2018. (i) Sharing of costs and fees: Parties agree that all arbitral costs and the fees of the arbitrator will be borne by the two sides in equal shares in the first instance.

(j) Consent to an extension if thought necessary. Parties immediately consent to a further extension of up to six months to complete the arbitration should the learned Sole Arbitrator find it necessary. (k) Venue and seat of arbitration: Parties agree that the venue and seat of the arbitration will be in Mumbai.

4.

The Petition is disposed of in these terms. No costs. 5.

All rights and contentions of the parties are kept open.

5 52-ARP 54-24.doc 6.

Learned Counsel appearing on behalf of the Respondents undertakes to file Vakalatnama in the Registry within a period of one week from today.

(ARIF S. DOCTOR, J.)