Vinod Vasanji Chheda v. The Raj Developers

Renuka 1-ARBP-656-2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO. 656 OF 2025 Vinod Vasanji Chheda

...Petitioner

V/s.

The Raj Developers and Ors.

...Respondents

________________ Mr. Bhavin Gada with Mr. Dhaval M. Visawadia i/b Mr. Harakhchand and Co., for Petitioner.

Mr. Anil Mishra with Mr. Rihen Mishra, for Respondent Nos. 1, 3 and 4. ________________ CORAM: SANDEEP V. MARNE, J.

DATED: 20 APRIL 2026.

P.C.:

1) This is an Application filed under Section 9 of the Arbitration and Conciliation Act, 1996 (the Arbitration Act) seeking interim measures before commencement of the arbitral proceedings. 2) I have heard Mr. Gada, the learned counsel appearing for Petitioner and Mr. Mishra, the learned counsel appearing for Respondent Nos. 1, 3 and 4.

3) The disputes and differences have arisen out of Permanent Alternate Accommodation Agreement dated 10 June 2023. 1 of

Renuka 1-ARBP-656-2025 4) As the hearing of the Petition progressed, Mr. Mishra, fairly agrees existence of Arbitration Agreement between the parties. Considering the nature of prayers made in the Petition, in my view it would be appropriate to constitute Arbitral Tribunal and to relegate the Petitioner to remedy under Section 17 of the Arbitration Act. Both the learned counsel have agreed for constitution of Arbitral Tribunal comprising of a sole Arbitrator.

5) I accordingly, proceed to pass the following order:- (A) Mr. Jamshed Master, an Advocate of this Court is appointed as sole Arbitrator to adjudicate upon the disputes and differences between the parties arising out of Permanent Alternate Accommodation Agreement dated 10 June 2013. The contact details of the Arbitrator are as under :

Office Address : Lentin Chambers, 1st Floor, Dalal Street, Fort, Mumbai.

Email id : masterjamsheed@gmail.com Contact No.

9820840010 A copy of this order be communicated to the learned sole Arbitrator by the Advocates for the Applicant within a period of one week from the date of uploading of this order. The Applicant shall provide the contact and communication particulars of the parties to the Arbitral Tribunal alongwith a copy of this order. 2 of

Renuka 1-ARBP-656-2025 (B) 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 2 weeks from receipt of a copy of this order.

(C) The parties shall appear before the learned sole Arbitrator on such date and at such place as indicated by him, to obtain appropriate direction with regard to conduct of the arbitration including fixing a schedule for pleadings, examination of witnesses, if any, schedule of hearings etc.

(D) The fees of the sole Arbitrator shall be as prescribed under the Bombay High Court (Fee Payable to Arbitrators) Rules, 2018 and the arbitral costs and fees of the Arbitrator shall be borne by the parties in equal portion and shall be subject to the final Award that may be passed by the Tribunal.

6) Present Petition is converted into Application under Section 17 of the Arbitration Act to be decided by the Arbitral Tribunal on its own merits.

7) All rights and contentions of the parties are expressly kept open to be agitated before the Arbitral Tribunal.

8) With the above directions, the Petition is disposed of. [SANDEEP V. MARNE, J.] 3 of