Bombay High Court
Shabayesha Construction Company … vs Tirupati Shopping Centre … on 2 March, 2020
Bench: G.S. Patel
28-CARAP38-2020.DOC Atul IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION COMM ARBITRATION APPLICATION NO. 38 OF 2020 Shabayesha Construction Co Pvt Ltd …Applicant Versus Tirupati Shopping Centre Premises Coop Soc Ltd …RespondentMr Sanjay Jain, with Nishant Sasidharan & Darshan R Mehta, i/b M/s. Dhruve Liladhar & Co., for the Applicant.Mr Rohan Kadam, with Apeksha Sharma & Sanjeel Kadam, i/b Kadam & Co., for the Respondent. CORAM: G.S. PATEL, J.
DATED: 2nd March 2020 PC:-
1. The objection raised by the Respondent as to stamp duty is waived.
2. Between the parties, there is an Agreement dated 6th June 2008. Clause 16 has the provision for arbitration. “16. In the event of there being any dispute or diference between the parties hereto or any person claiming by or under them as to any clause or provision of this Agreement or as to the implementation thereof or otherwise in any way relating to this Agreement, such dispute or diference shall Page 1 of 5 2nd March 2020::: Uploaded on – 03/03/2020 ::: Downloaded on – 04/03/2020 02:03:44 ::: 28-CARAP38-2020.DOC be referred preferably to a single arbitrator if agreed to by the parties and failing such agreement, to the arbitration of two Arbitrators, one to be appointed by each party to the dispute who shall in turn appoint a third arbitrator and such arbitration shall be held in accordance with the provisions of the Arbitration and Conciliation Act 1996 or any statutory modifcation or re-enactment thereof for the time being in force. The Arbitrator/s shall have summary powers and need not give any reasons for the award and the Award made by the Arbitrator/s shall be fnal and binding on the parties hereto. The Arbitration proceedings shall be held in Mumbai.”
3. Parties leaves the nomination of a sole Arbitrator to the Court.
(a) Appointment of Arbitrator: Mr Niranjan Bhadang, an Advocate of this Court, is hereby nominated to act as a Sole Arbitrator to decide the disputes and diferences between the parties under Agreement dated 6th June 2008.
(b) Communication to Arbitrator of this order: (i) A copy of this order will be communicated to the learned Sole Arbitrator by the Advocates for the Applicant within one week from the date this order is uploaded. (ii) In addition, within one week of this order being uploaded, the Registry will forward an ordinary copy of this order to the learned Page 2 of 5 2nd March 2020::: Uploaded on – 03/03/2020 ::: Downloaded on – 04/03/2020 02:03:44 ::: 28-CARAP38-2020.DOC Sole Arbitrator at the following postal and email addresses: Arbitrator/s Mr Niranjan Bhadang, Advocate.
Address 701, Oval House, British Hotel Lane, Of Nagindas Master Road, Fort, Mumbai 400 023 Mobile 98925 67888 (c) Disclosure: The learned Sole Arbitrator is requested to forward the necessary statement of disclosure under Section 11(8) read with Section 12(1) of the Arbitration Act to the Prothonotary and Senior Master of this Court, referencing this arbitration application, as soon as possible, and in any case sufciently before entering upon the reference to arbitration. That statement will be retained by the Prothonotary & Senior Master on the fle of this application. Copies will be given to both sides.
(d) Appearance before the Arbitrator: Parties will appear before the learned Sole Arbitrator on such date and at such place as the learned Sole Arbitrator nominates to obtain appropriate directions in regard to fiing a schedule for completing pleadings, etc.
(e) Contact/communication information of the parties: Contact and communication particulars are to be provided by both sides to the learned Sole Arbitrator Page 3 of 5 2nd March 2020::: Uploaded on – 03/03/2020 ::: Downloaded on – 04/03/2020 02:03:44 ::: 28-CARAP38-2020.DOC within one week of this order being uploaded. The information is to include a valid and functional email address.
(f ) Section 16 application: The respondent is at liberty to raise all questions of jurisdiction within the meaning of section 16 of the Arbitration Act. All contentions are left open.
(g) Interim Application/s: (i) Liberty to the parties to make an interim
application or interim applications including (but not limited to) interim applications under Section 17 of the Arbitration & Conciliation Act, 1996 before the learned Sole Arbitrator. Any such application will be decided in such manner and within such time as the learned Sole Arbitrator deems ft.
(ii) The present Petition under Section 9 of the Arbitration Act will be treated, heard, and disposed of as an application under Section 17 of the Act. All afdavits fled in the Section 9 petition will be treated as afdavits fled in the Section 17 application. Liberty to apply to the learned Sole Arbitrator for leave to fle further afdavits. Page 4 of 5
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(iii) The learned Sole Arbitrator is requested to dispose of all interim applications at the earliest.
(h) Fees: The arbitral tribunal’s fees shall be governed by the Bombay High Court (Fee Payable to Arbitrators) Rules, 2018.
(i) Sharing of costs and fees: Parties agree that all arbitral costs and the fees of the arbitrator will be borne by the two sides in equal shares in the frst instance.
(j) Consent to an extension if thought necessary. Parties immediately consent to a further eitension of up to sii months to complete the arbitration should the learned Sole Arbitrator fnd it necessary.
(k) Venue and seat of arbitration: Parties agree that the venue and seat of the arbitration will be in Mumbai.
4. The application is disposed of in these terms. No costs.
(G. S. PATEL, J) Page 5 of 5 2nd March 2020::: Uploaded on – 03/03/2020 ::: Downloaded on – 04/03/2020 02:03:44 :::

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