Nikitesh Naresh Sharma v. Omkar Realtors Developers Pvt Ltd

1 25-CARAP-107-2024.doc by MULEY SHUBHAM PRAVINRAO Date:

2024.08.13 18:47:12 +0530

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

MULEY SHUBHAM PRAVINRAO ORDINARY ORIGINAL CIVIL JURISDICTION COMMERCIAL ARBITRATION APPLICATION NO. 107 OF 2024 Nikitesh Naresh Sharma ...Applicant Vs.

Omkar Realtors Developers Pvt. Ltd.

...Respondent

----------------- Adv. Anand Mishra a/w Utkarsha Wadekar h/f Ashok Saraogi for the Applicant. Adv. Noorain Patel i/by Diamondwala & Co. for the Respondent. ----------------- CORAM : ARIF S. DOCTOR, J.

DATE : 12TH AUGUST, 2024 P.C.:- 1.

By the captioned Application, the following relief is sought:- "a. ·that this Hon'ble Court pe pleased to direct the Arbitrator concerned i.e. AnkitaSinghania to continue as an Arbitrator in the present case and for any reason, if the same is not possible,in those circumstances, appoint any other person to act as an Arbitrator on such terms as this Hori'ble Court may deem fit and proper."

2.

Learned Counsel pointed out that the Application was necessitated on account of the fact that the learned Arbitrator by minutes of the meeting dated th February, 2024 has recused herself for the reasons so stated in the minutes. Shubham 1/2

2 25-CARAP-107-2024.doc 3.

Learned Counsel today inform me that Learned Arbitrator has since intimated that she would be willing to continue to act as Arbitrator and thus by consent request the Application be allowed in terms of prayer clause (a). 4.

Hence, for the aforesaid reason, I deem it fit and in the interest of justice to allow the Application in terms of prayer clause (a) reproduced above. 5.

The proceeding shall continue before the learned Sole Arbitrator from the stage at which they were.

6.

Application is accordingly disposed of.

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