Badrinarayan Laltaprasad Tiwari v. Shri. K. Shivdasan

29-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

Versus

K. Shivdasan & Ors

...Respondents

Mr. B.K. Bali, a/w Pallavi Bali, Gourav Shetye, for the Petitioners. Mr. Girish Agarwal, for Respondent No.1.

Mr. J.P. Mishra, a/w J.S. Shukla, i/b J.P. Mishra for Respondent Nos.2 to 4.

CORAM

: SOMASEKHAR SUNDARESAN, J.

DATE : JANUARY 13, 2025 PC :

1.

At the request of Learned Counsel for Respondent Nos. 2 to 4, stand over to January 16, 2025 under the same caption. Prima facie, it is apparent that an arbitration agreement has been formally executed and therefore, it appears that as per the law declared by the Supreme Court, it would be appropriate to refer the parties to arbitration leaving all contentions, including validity of the arbitration agreement signed, and the substance of the agreement, for the arbitral tribunal to decide. 2.

Be that as it may, these are preliminary observations and ASHWINI JANARDAN VALLAKATI ASHWINI JANARDAN VALLAKATI Date: 2025.01.14 14:49:31 +0530 January 13, 2025 Ashwini Vallakati

29-ARP-110-2024.doc upon hearing Learned Counsel for the Respondents, at the request of Respondent Nos.2 to 4, stand over to January 16, 2025 under the same caption i.e. "For Circulation".

3.

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.] January 13, 2025 Ashwini Vallakati