Dhampatraj V. Bhansali v. Ramakant S. Biyani

911-ARBAP-165-2024.DOC Shephali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION APPLICATION NO.165 OF 2024 Dhampatraj V Bhansali ...Applicant

Versus

Ramakant S Biyani & Ors

...Respondents

Mr GS Godbole, Senior Advocate, with Jaydeep Deo, for the Applicant. Mr Anoshak Daver, with Jamshed Master, Sujit Lahoti, Parth Shah, Shrushti Relekar & Adiktya Sheth, i/b Sujit Lahoti & Associates, for Respondent No. 1.

Mr Apoorva Kulkarni, i/b SSB Legal & Advisory for Respondents Nos. 2 and 3.

CORAM:

ARIF S. DOCTOR, J SHEPHALI SANJAY MORMARE DATED:

29th August 2024 PC:- SHEPHALI SANJAY MORMARE Date: 2024.08.29 17:36:52 +0530 1.

Mr Godbole, Learned Senior Counsel appearing on behalf of the Applicant submitted that his client had no objection to submit their disputes and differences to arbitration but it is his contention that an asset which he submits belongs to the firm has been mortgaged by Respondent No. 1 and thus the Licensee or Mortgagee would have to be joined as a party to the proceedings. For this reason, he seeks leave to file in Interim Application. Leave granted.

911-ARBAP-165-2024.DOC 2.

Needless to state that Mr Daver disputes that this property is in any manner property of the partnership firm but a property belonged solely of Respondent No. 1.

(ARIF S. DOCTOR, J)