Sanjeev Manmohan Gupta v. K D Lite Developers Pvt Ltd

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

PURTI PRASAD PARAB ORDINARY ORIGINAL CIVIL JURISDICTION PURTI PRASAD PARAB Date: 2025.04.05 11:03:41 +0530 COMM. ARBITRATION APPLICATION (L) NO. 36290 OF 2024 Sanjeev Manmohan Gupta ...Applicant

Versus

Renuka Realtors and Ors.

...Respondents

ALONGWITH COMM. ARBITRATION APPLICATION (L) NO. 35470 OF 2024 ALONGWITH COMM. ARBITRATION APPLICATION (L) NO. 36091 OF 2024 ALONGWITH COMM. ARBITRATION APPLICATION (L) NO. 35300 OF 2024 ALONGWITH COMM. ARBITRATION APPLICATION NO. 424 OF 2024 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.

Not on Board. By consent of the parties, upon mentioning, taken on Board and heard along with Commercial Arbitration Application No. 49 of 2025.

2.

Considering that there are number of references, but all between the same parties, all these matters are referred to the same arbitrator to achieve economies of scale and to make it commercially reasonable for the parties. Needless to say, that a number of references are made, would have no implication for Fifth Schedule of the Arbitration and Conciliation Act, 1996. 3.

In these circumstances, since parties have agreed to proceed for arbitration leaving all contentions and merits open, these Applications are finally disposed of in the following terms:-

A] Ms. Ridhi Nyati, Advocate of this Court 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 Agreements covered by these Applications; Office Address:- Chambers of George Rebello, 415 Vardhman Chambers, 17, Cawasji Patel Street, Fort, Mumbai - 400 017.

Email ID : ridhi@georgerebello.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;

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; This order has been modified by Speaking to the Minutes of Order dated 02/04/2025. 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.] This order has been modified by Speaking to the Minutes of Order dated 02/04/2025. Purti Parab