Dynasty Infrabuilders Pvt Ltd v. Khernagar Ninad Co Operative Housing Society Ltd

10.CARBP.17.2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMMERCIAL ARBITRATION PETITION NO.17 OF 2025 Dynasty Infrabuilders Pvt. Ltd.

...Petitioner

Versus

Khernagar Ninad Co-op. Housing Society Ltd.

...Respondent

Ms Sneha Patil a/w. Brena Gala i/b. Maniar Srivastava Associates, Advocates for Petitioner.

Mr. Hitesh Sangle i/b. Sanskar Marathe, Advocate for Respondent. CORAM: SOMASEKHAR SUNDARESAN, J.

DATE : FEBRUARY 10, 2025 P. C.

1.

It is seen from an e-mail dated January 27, 2025 written by Advocates for the Respondent to the Learned Sole Arbitrator on behalf of the Respondent that a comment was made to the Arbitrator stating that any conflict of interest ought to be avoided and that an application for substitution of arbitrator would be filed and the arbitrator must await the outcome of such application.

2.

On February 4, 2025, the Learned Sole Arbitrator has forthwith recused from the matter in view of the e-mail received by him. 3.

Today, when the matter is called out, Learned Counsel for the parties jointly submit that if Mr. Amrut Anil Joshi, an Advocate of this Court is appointed as an Arbitrator, they would proceed to arbitration by AARTI GAJANAN PALKAR Date:

2025.02.21 17:11:02 +0530 AARTI GAJANAN PALKAR FEBRUARY 10, 2025 Aarti Palkar

10.CARBP.17.2025.doc before him and continue the matter from the stage at which it was left when the earlier arbitrator recused.

4.

Taking the aforesaid statement on record, the earlier arbitrator is hereby substituted by the aforesaid newly appointed arbitrator. The parties shall approach Mr. Amrut Anil Joshi for further instructions in the matter.

5.

With the aforesaid directions, these Petition is finally disposed of.

6.

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.] FEBRUARY 10, 2025 Aarti Palkar