Abhay Construction Through Its Partner Angad Ajay Kadam v. Kaveri Prakash Budhwant

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION ARBITRATION PETITION NO.39 OF 2025 Abhay Construction

...Petitioner

Versus

Kaveri Prakash Budhwant

...Respondent

Mr. Tejesh Dande a/w Bharat Gadhavi, Sarvesh Deshpande & Mansi Dande i/b Bharat Gadhavi, Advocates for Respondent. CORAM: SOMASEKHAR SUNDARESAN, J.

DATE : APRIL 4, 2025 PC :

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 arising out of an Agreement dated January 23, 2017 ("Agreement"). The arbitration agreement is contained in Clause 31 & 39 (found at Page 43 & 45 of the Petition). In the interest of brevity, the same is not reproduced here. Suffice it to say that the matter falls within the jurisdiction of this Court.

2.

Today, when the matter is called out, Learned Counsel for the Respondent submits that there is no objection to proceed to arbitration Digitally signed by AARTI GAJANAN PALKAR Date:

2025.04.16 16:31:01 +0530 AARTI GAJANAN PALKAR

straight away. The arbitrator named by the parties by consent is Mr. J.T. Utpat (Retd. Judge).

3.

In these circumstances, this Petition is finally disposed of by referring all disputes and differences covered by this proceeding to arbitration by the Learned Sole Arbitrator appointed hereby in the following terms:- A] Mr. J.T. Utpat (Retd. Judge). 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. 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 the date on which this order is uploaded on the website of this Court. 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 and;

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.]