The court appointed a sole arbitrator and converted a Section 9 petition under the Arbitration and Conciliation Act, 1996 into a Section 17 petition to decide disputes arising from a Lease Deed.
Section 9 opposition converted to Section 17 petition; parties to maintain status quo pending award.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
ARBITRATION APPLICATION NO.112 OF 2014
Maharashtra Tourism Development Corporation … Applicant versus
Krishnali Resorts Pvt. Ltd. … Respondent
WITH ARBITRATION PETITION NO.632 OF 2012
Maharashtra Tourism Development Corporation … Petitioner versus
Krishnali Resorts Pvt. Ltd. … Respondent
Mr. L.M.Acharya, for Applicant.
Mr. P. Mody with Mr. Akash Rebello, Mr. Suraj Iyer i/by M/s. Ganesh and Co., for Respondent in Petition No.632 of 2012.
CORAM: S.J. KATHAWALLA, J.
DATE: 3rd SEPTEMBER, 2014
P.C.:
following order is passed :
(i) Mr.Shyam Mehta, Senior Advocate, is appointed as a Sole Arbitrator to decide the disputes between the parties arising out of the Lease Deed dated 03-05-2007 (Exhibit D-1 to the Petition).
(ii) The learned Arbitrator shall endeavour to pass his Award within a period of 12 months from the date of this order.
(iii) The parties and their Advocates shall meet the learned Arbitrator
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in his Chambers on 06-09-2014 at 12.00 noon and obtain necessary directions in the matter.
(iv) The Petition filed before this Court under Section 9 of the Arbitration and Conciliation Act, 1996 stands converted into a Petition under Section 17 of the Act and shall be decided by the learned Arbitrator within eight weeks from the date of this order.
(v) Until the learned Arbitrator decides the said Application under
Section 17 of the Act, the parties shall maintain status quo in respect of the Suit property as of today.
(vi) The cost of the Arbitration shall initially be borne by the parties
equally.
(vii)All contentions of the parties are kept open.
(vii)In view of the above, the above Arbitration Application and the
Arbitration Petition are accordingly disposed of.
( S.J.KATHAWALLA, J. )
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Maharashtra Tourism Development Corporation
Krishnali Resorts Pvt. Ltd.
S.J. KATHAWALLA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
