Smt Jaymala Natha Awate v. Ms Agasti Devloper Through Its Partner Mr Chetan Nikwadi

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION ARBITRATION PETITION NO. 25 OF 2025 1.Smt. Jaymala Natha Awate

2. Mr. Rakesh Natha Awate

...Petitioner(s)

Versus

M/s. Agasti Developer Through its Partner Mr. Chetan Nikwadi & Anr.

...Respondent(s)

SHRADDHA KAMLESH TALEKAR SHRADDHA KAMLESH TALEKAR Date: 2025.04.28 21:11:09 +0530 Mr. Ronak Utagikar i/b Tejas D. Deshmukh, for Petitioners. Mr. Pratik B. Rahade, for Respondent No. 1.

CORAM : SOMASEKHAR SUNDARESAN, J.

Date : April 7, 2025 P. C.

1.

This Petition has been filed under Section 11 of the Arbitration and Conciliation Act, 1996 ("the Act"), seeking appointment of an arbitrator in connection with disputes and differences that are said to have arisen between the parties under an agreement dated January 29, 2015. 2.

Learned Counsel for the Respondent has no quarrel in proceeding to arbitration. Learned Counsel for the parties jointly submit that they have instructions to have arbitration in the city of Pune instead of Khed. 3.

In these circumstances, these proceedings are hereby finally disposed of, in the following terms, with the seat of arbitration, by consent, be shifted to Pune:

A] Justice Shalini Phansalkar-Joshi, former judge 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:-Bhagya Chintamani Society, Opp. Kachra Depot, Paud Road, Kothrud, Pune 411038.

Email : phansalkarjoshi@gmail.com B] A copy of this Order will be communicated to the Learned Sole Arbitrator by the Advocates for the Petitioner within a period of one week from today. The Petitioner 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.

Needless to say, nothing contained in this order is an expression of an opinion on merits of the matter or the relative strength of the parties. All issues on merits are expressly kept open to be agitated before the arbitral tribunal appointed hereby.

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.]