On consent of parties to appoint an arbitrator, the Bombay High Court extended an interim relief order stopping coercive steps and disposed of the arbitration petition without costs, keeping all points open.
Ordered that ad-interim relief continues for 12 weeks; points kept open; no costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
arbp191.11.sxw
1
ssm
Sai Sadguru Developers
....Petitioner.
Vs.
Mr. Devendra Diwakar & Ors.
....Respondents.
Mr. Simil Purohit a/w Ms. Bijal Trivedi a/w Mr. Pranjal Dave i/by M/s. Bhagwati & Co. for the Petitioner.
Ms. Darshana Singh i/by M/s. Diwakar Dwivedi for the Respondents.
CORAM : ANOOP V. MOHTA, J. DATE : 24th MARCH, 2011
P.C.:
Rule, returnable forthwith. Heard finally.
The learned counsel appearing for the parties, on instructions,
make statement that they are willing to appoint Mr. Pradip Sancheti,
Senior Advocate, as the Arbitrator to settle the dispute arising out of the development agreement between the parties. The parties to take steps accordingly.
3 This Court, after considering the averments made in the Petition,
arbp191.11.sxw
2
ssm
after hearing the parties on 10th March, 2011 has passed the following
order. Relevant para 2 of the said order reads thus-
4 Now, in view of the fact that both the parties have willing to appoint the Arbitrator, I am of the view that it is desirable that the order already passed on 10th March, 2011 to continue for 12 weeks, with liberty to both the parties to apply before the learned Arbitrator for appropriate order or modification of the order in question.
1 issue framed by the court
Whether the High Court appointment of a new arbitrator by mutual consent is legally effective and appropriate under the Arbitration Act.
Sai Sadguru Developers
Mr. Devendra Diwakar & Ors.
Anoop V. Mohta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
