Perfect Space Infra Llp v. Charkop Nalanda Co Operative Housing Society Limited

k 1/3 91 carap 428.25 os.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMMERCIAL ARBITRATION APPLICATION NO.428 OF 2025 Perfect Space Infra LLP ....Applicant V/S Charkop Nalanda Co-operative Housing Society Limited ....Respondent _________ Ms. Vidisha Rohira with Mr. Pratik Jani and Ms. Princee Vaishnav i/b Prime Legem for the Applicant.

Mr. Harjot Singh i/b Ms. Khushbu Jagani for Respondent. __________ CORAM : SANDEEP V. MARNE, J.

DATE : 05 MARCH 2026.

P.C.:

1.

This is an Application filed under Section 11 of the Arbitration and Conciliation Act, 1996 (Arbitration Act) for appointment of Arbitrator to adjudicate the disputes and differences between the parties arising out of Development Agreement dated 15 December 2023. 2.

As the hearing of the Application progressed, the learned counsel appearing for the Respondent fairly admits existence of arbitration clause. Both learned counsel jointly request for constitution of Arbitral Tribunal comprising of a sole Arbitrator.

3.

Accordingly, with the consent of the parties, following order is passed:

1 of

k 2/3 91 carap 428.25 os.doc A) Mr. Kamlesh Mali, an Advocate of this Court is appointed as sole Arbitrator to adjudicate upon the disputes and differences between the parties arising out of the Development Agreement referred to above. The contact details of the learned sole Arbitrator are as under:

Office Address:

60, Shreji Chambers, 302, 3rd Floor, Janmabhoomi Marg, Fort, Mumbai - 01.

Mobile No.:

97692 91322.

B) A copy of this order be communicated to the learned sole Arbitrator by the Advocate 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. 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 Arbitration 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 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.

E) The sole Arbitrator shall be entitled to the fees prescribed under the Bombay High Court (Fee Payable to Arbitrators) Rules, 2 of

k 3/3 91 carap 428.25 os.doc 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. 4.

All the rights and contentions on merits are expressly kept open to be agitated before the Arbitral Tribunal appointed as above. 5.

With the above directions, Arbitration Application is allowed and disposed of. There shall be no order as to costs. (SANDEEP V. MARNE, J.) SUDARSHAN RAJALINGAM KATKAM SUDARSHAN RAJALINGAM KATKAM Date: 2026.03.06 10:57:12 +0530 3 of