Sanjeev Manmohan Gupta v. K D Lite Developers Pvt Ltd

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION COMMERCIAL ARBITRATION APPLICATION NO. 49 OF 2025 Sanjeev Manmohan Gupta ...Applicant

Versus

Ruparel Infra And Realty Pvt Ltd

...Respondent

WITH COMMERCIAL ARBITRATION APPLICATION (L) NO. 35300 OF 2024 WITH COMMERCIAL ARBITRATION APPLICATION (L) NO. 35470 OF 2024 WITH COMMERCIAL ARBITRATION APPLICATION (L) NO. 424 OF 2024 WITH COMMERCIAL ARBITRATION APPLICATION (L) NO. 36091 OF 2024 WITH COMMERCIAL ARBITRATION APPLICATION (L) NO. 36290 OF 2024 Mr. Krushang Kedia i/b. Girish Kedia for the Applicant. Mr. Amogh Singh i/b Adv.Punam Shinde for Respondent.

CORAM

: SOMASEKHAR SUNDARESAN, J.

DATE : APRIL 4, 2025 PC :

1.

These Applications have been filed under Section 11 of the Arbitration and Conciliation Act, 1996 ("the Act"). Digitally signed by ASHWINI JANARDAN VALLAKATI Date:

2025.04.16 16:29:48 +0530 ASHWINI JANARDAN VALLAKATI

2.

By this Court's order dated February 13, 2025, a Learned Sole Arbitrator had been appointed. The parties have moved a praecipe to bring on board the reservation expressed by the Learned Sole Arbitrator so appointed.

3.

In these circumstances, the Learned Sole Arbitrator appointed by an earlier order is replaced in the following terms: a) Mr. Vishal Phal, a learned 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 Agreement referred to above;

Office Address:- 102, Gundecha Chambers, Nagindas Master Road, Fort, Mumbai- 400 001 Email ID: vishalphal@yahoo.com b) A copy of this Order will be communicated to the Learned Sole Arbitrator by the Advocates for the Applicant from the date on which this order is uploaded on the website of this Court. 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 parties within a period of two weeks from receipt of a copy of this Order;

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;

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 other terms and conditions as set out in the order dated February 13, 2025 shall remain unchanged.

5.

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.]