Badrinarayan Laltaprasad Tiwari v. Shri. K. Shivdasan

Digitally signed by MULEY SHUBHAM PRAVINRAO Date:

2024.10.25 11:07:32 +0530 MULEY SHUBHAM PRAVINRAO 1 6-ARP-110-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION ARBITRATION PETITION NO. 110 OF 2024 Badrinarayan Laltaprasad Tiwari & Ors.

...Petitioners

Vs.

Shri. K. Shivdasan & Ors.

...Respondents

----------------- Mr. B. K. Bali a/w Pallavi Bali and Gourav C. Shetye i/by Bali Associates for the Petitioner.

Ms. Naina P. Borasale a/w Chitra Darekar i/by Girish Agrawal for Respondent No.1.

Mr. V. S. Kapse a/w J. P. Mishra and J. S. Shukla for Respondent Nos.2 to 4. ----------------- CORAM : ARIF S. DOCTOR, J.

DATE : 24TH OCTOBER, 2024 P.C.:- 1.

Learned Counsel for the Petitioner seeks time to consider the legal position which has arisen in the matter.

2.

The objection raised by Respondent Nos.2 to 4 is that the Respondents had never ever consented to the appointment of the Arbitrator who has now I am told recused himself. It appears that the Arbitrator appointed was named in the Development Agreement from which the disputes and differences have arisen. It is not in dispute before me today that the Respondents had never Shubham 1/2

2 6-ARP-110-2024.doc consented to the appointment of the named Arbitrator. Hence the procedure of appointment of Arbitrator has not been adhered to. In this backdrop it was put to Learned Counsel for the Petitioner to take necessary instructions which he now seeks to do.

3.

Stand over to 20 th November, 2024.

(ARIF S. DOCTOR, J.) Shubham 2/2