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Bombay High CourtCARBP/14/2025disposed off

Lords Inn Hotel And Resorts Formerly Known As Lords Inn Hotel And Developers Pvt Ltd v. Pushpam Resorts Llp And ORS

2025-01-06Hon'Ble Shri Justice Somasekhar Sundaresan2 pages

49-CARBPL-37286-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMMERCIAL ARBITRATION PETITION (L) NO. 37286 OF 2024 Lords Inn Hotel & Resorts formerly known as Lords Inn Hotel & Developers Pvt. Ltd.

...Petitioner

Versus

Pushpam Resorts LLP & Ors

...Respondents

Mr. Mayur Khandeparkar, a/w Aman Kacheria, Rishabh Dhanuka, Anisha Didwania & Mahima Shah, i/b Agarwal & Dhanuka Legal, for the Petitioner.

Ms. Apoorva Kulkarni, i/b Yakshay Chheda, a/w Saxena, i/b SSB Legal & Advisory, for Respondent No.1.

CORAM

: SOMASEKHAR SUNDARESAN, J.

DATE : JANUARY 6, 2025 PC :

1.

Having heard the Learned Counsel for parties, it appears that short point in issue is whether the clause alluded to by the Petitioner as being an arbitration agreement, could at all be regarded as an arbitration agreement. Each Counsel is vociferous in the view they canvass. To enable them to address the Court on this issue, stand over to January 15, 2025 under the same caption.

2.

Meanwhile, Mr. Khandeparkar submits that an Application Digitally signed by ASHWINI JANARDAN VALLAKATI Date:

2025.01.07 20:31:04 +0530 under Section 11 is also contemplated, and is proposed to be filed in the ASHWINI JANARDAN VALLAKATI January 6, 2025 Ashwini Vallakati

49-CARBPL-37286-2024.doc next few days. In view of the stance of the Respondents that there is no arbitration agreement at all, should such an Application be filed, the Registry shall list the same along with this Petition on January 15, 2025. 3.

Learned Counsel for the Respondents fairly states that since a statement had been made on the last occasion, he would continue that statement until January 15, 2025. Both parties are requested to file a short and crisp articulate note on submissions in bulletined form not exceeding three pages on or before the next date. 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.] January 6, 2025 Ashwini Vallakati