Joy Homecreation Ltd v. Shantijeevan Niwas Chs Ltd

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMMERCIAL ARBITRATION PETITION NO.832 OF 2025 Joy Homecreation Ltd.

....Petitioner

Versus

Shantijeevan Nivas CHS Ltd. & Ors.

....Respondents Mr. Anuj N. Narula i/b. Jhangiani Narula & Associates, for Petitioner.

CORAM: SOMASEKHAR SUNDARESAN, J.

DATE : APRIL 1, 2026 ORDER :

1.

Despite service, none appears for the Respondents. 2.

It is evident from the record that the Learned Arbitrator appointed by an Order dated September 9, 2024 has recused from the matter. Since significant time has already gone by as the Learned Arbitrator recused from the matter in November 2024, no useful purpose would be served in keeping this Petition pending any further on the docket of this Court. Therefore, the arbitrator is hereby substituted in the following terms :- A] Mr. Piyush Raheja, 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 Digitally signed by AARTI GAJANAN PALKAR Date:

2026.04.10 11:01:08 +0530 AARTI GAJANAN PALKAR

Agreement referred to above. The contact details of the Learned Arbitrator are as under :- C/o. Gaurav Joshi, 3rd Floor, Behramji Mansion, Sir PM Road, Fort, Mumbai 400 001.

Email rahejapuiyush@gmail.com 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 of upload of this order. 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;

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.

F] The arbitrator is requested to convene at the earliest and deal with these proceedings, considering that this would be the third round of a tribunal being formed for the very same dispute.

3.

This Petition is finally disposed of in the aforesaid terms. 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.]