Matangi Niwas Cooperative Housing Ltd v. Yashodanand Realtors

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMMERCIAL ARBITRATION PETITION (L) NO.18716 OF 2025 Matangi Niwas CHSL ....Petitioner

Versus

M/s Yashodanand Realtors & Anr.

....Respondents Ms .Devika Kakoo, Advocate for Respondents.

CORAM: SOMASEKHAR SUNDARESAN, J.

DATE : OCTOBER 08, 2025 ORDER :

1.

By way of a praecipe, a request was made for speaking to the minutes of the Order dated July 31, 2025 to correct errors. 2.

Learned Counsel for the parties have consensus to proceed before the arbitrator nominated, acting as the Sole Arbitrator. Therefore, Paragraph 4 shall be replaced as follows : - A] Ms. Neeta Jain, an Advocate of this Court is hereby appointed as a Sole Arbitrator on behalf of the Respondent to adjudicate upon the disputes and differences between the parties arising out of and in connection with the Agreement referred to above. The contact details of the Learned Arbitrator are as under :- by AARTI GAJANAN PALKAR Date:

2025.10.10 17:22:32 +0530 AARTI GAJANAN PALKAR

C/o. Gaurav Joshi, Senior Advocate, 3rd Floor, Fort Chambers, 'B' Wing, Hamam Street, Fort, Mumbai - 400 001.

Email id : neetanaik.jain@gmail.com B] A copy of this Order will be communicated to the 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 two Sole Arbitrator shall appoint the presiding Arbitrator. 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 Arbitral Tribunal 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 Arbitral Tribunal 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.

3.

The rest of the aforesaid order remains unaltered. The original order shall be corrected and made available to the parties. The praecipe stands disposed of accordingly.

4.

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.]