Khan And Co Infraprojects Private Limited v. Darvesh Properties Private Limited
by MULEY SHUBHAM PRAVINRAO Date:
2024.11.28 19:09:40 +0530 MULEY SHUBHAM PRAVINRAO 1 M2-CARBP-385-2024.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION COMMERCIAL ARBITRATION PETITION NO. 385 OF 2024 Khan and Co. Infraprojects Private Limited & Anr.
...Petitioners
Vs.
Darvesh Properties Private Limited
...Respondent
WITH ARBITRATION APPLICATION (L) NO. 18061 OF 2024 Darvesh Properties Private Limited & Anr.
...Applicants Vs.
Khan and Co. Infraprojects Private Limited & Anr.
...Respondents
WITH COMMERCIAL ARBITRATION PETITION (L) NO. 38303 OF 2022 Darvesh Properties Private Limited
...Petitioner
Vs.
Khan and Co. Infraprojects Private Limited & Ors.
...Respondents
WITH COMMERCIAL ARBITRATION APPLICATION (L) NO.26946 OF 2024 (NOB) Khan and Co. Infraprojects Private Limited & Anr. ...Applicants Vs.
Darvesh Properties Private Limited
...Respondent
----------------- Ms. Samita Vaviya i/by Pritesh Burad Associates for the Petitioners in ARBAPL/18061/2024.
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2 M2-CARBP-385-2024.doc Mr. Anoshak Daver a/w Parag Shah, Zeeshan Syed and Shraddha Prajapati for the Petitioners in CARBP/385/2024 and for the Applicants in CARAPL/26946/2024.
----------------- CORAM : ARIF S. DOCTOR, J.
th NOVEMBER, 2024 DATE : 28 P.C.:- 1.
Mentioned. Not on board. Taken on board for speaking to the minutes of the order dated 9 th October, 2024.
2.
Ms. Vaviya, Learned Counsel appearing on behalf of the Petitioner in Arbitration Application (L) No.18061 of 2024 submits that the cause title of the parties to the said Application has not been mentioned in the order and thus there is some dispute as to whether the Second Applicant in the said Application is a party to the arbitration reference or not. 3.
Mr. Daver very fairly submits that he has no objection to the order being corrected to reflect the cause title. However, he submits that the same shall be subject to all rights and contentions of the Respondents in the said Application being kept open, specifically including the aspect of arbitrability of disputes in Arbitration Application (L) No.18061 of 2024 between the Respondents and the Applicants.
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3 M2-CARBP-385-2024.doc 4.
Hence, the said order be corrected to read accordingly. (ARIF S. DOCTOR, J.) 3/3