Sanjeev Manmohan Gupta v. Ruparel Infra And Realty Pvt Ltd

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

PURTI PRASAD PARAB ORDINARY ORIGINAL CIVIL JURISDICTION PURTI PRASAD PARAB Date: 2025.02.20 11:22:04 +0530 COMM. ARBITRATION APPLICATION NO. 49 OF 2025 Sanjeev Manmohan Gupta ...Applicant

Versus

Ruparel Infra and Realty Pvt. Ltd. and Ors.

...Respondents

Mr. Girish Kedia a/w Mr. Krushang Kedia for the Applicant. Mr. Amogh Singh a/w Ms. Radhika Nair i/b Ms. Punam Shinde for the Respondents.

CORAM

: SOMASEKHAR SUNDARESAN, J.

DATE : FEBRUARY 13, 2025 PC :

1.

This Application has been filed under Section 11 of the Arbitration and Conciliation Act, 1996 ("the Act").

2.

After the matter was argued for some time, Learned Counsel for the parties agreed to proceed to arbitration for adjudication of all the disputes and differences between them. The disputes and differences between them are essentially relate to provision of advertising services on hoardings run by the Applicant which have been availed by the Respondents. 3.

There are some disputes being raised about name of the entity whose rubber stamp was affixed by the Respondents and invoices which contain the arbitration clause. These are all matters of evidence which have to be dealt with by the arbitrator. In these circumstances, since parties have agreed to proceed with arbitration leaving all contentions on merits open, this Application is finally disposed of in the following terms:- A] Mr. Vaibhav Krishna is hereby appointed as the Sole Arbitrator to adjudicate upon the disputes and differences between the parties arising out of and in connection with the

Agreement covered by this Application;

Office Address:- 605, Dalamal Chamber, New Marine Lines, Mumbai - 400 020.

Email ID : jurisc.1@gmail.com B] A copy of this Order will be communicated to the Learned Sole Arbitrator by the Advocates for the Applicant within a period of one week from today. The Applicant shall provide the contact and communication particulars of the parties to the Arbitral Tribunal along with a copy of this Order; C] The Learned Sole Arbitrator is requested to forward the statutory Statement of Disclosure under Section 11(8) read with Section 12(1) of the Act to the Advocates for the Applicant so as to enable them to file the same in the Registry of this Court. The Registry of this Court shall retain the said Statement on the file of this Application and a copy of the same shall be furnished by the Advocates for the Applicant to the Respondent;

D] The parties shall appear before the Learned Sole Arbitrator on such date and at such place as indicated, to obtain appropriate directions with regard to conduct of the arbitration 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 Arbitral Tribunal. Communications to such email addresses shall constitute valid service of correspondence in connection with the arbitration; Purti Parab

E] All arbitral costs and fees of the Arbitral Tribunal shall be borne by the parties equally in the first instance, and shall be subject to any final Award that may be passed by the Tribunal in relation to costs.

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.] Purti Parab