The court referred disputes under a Partnership Deed and MOU to a sole arbitrator, setting a six-month deadline, venue at Mumbai, and a status quo order for 8 weeks regarding flat possession.
Disputes referred to sole arbitrator Mr. Chirag Balsara; status quo of handed-over flats maintained for 8 weeks.
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.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
ARBITRATION PETITION NO.1388 OF 2014
Kieon Developers Pvt. Ltd. and Anr. … Petitioners versus Mumbai Helter Housing development Pvt. Ltd. and Ors. … Respondents
Mr. P.M.Shah, for Petitioner.
Mr. Lancelor Lewis, for Respondents.
CORAM: S.J. KATHAWALLA, J.
DATE: 28th JANUARY, 2015
P.C.:
following order is passed :
(i) The disputes between the parties arising out of the Partnership Deed dated 16-05-2010 and the Memorandum of Understanding dated 15-072010 are referred to the sole arbitration of Mr. Chirag Balsara, Advocate.
(ii) The learned Arbitrator shall endeavour to pass his Award within a period of six months from the date of this order.
(iii) The parties and their Advocates shall meet the learned Arbitrator
in his Chambers on 30th January, 2015 at 5.30 p.m., and obtain necessary directions in the matter.
(iv) The learned Advocate for the Respondents on instructions,
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undertakes to maintain status quo as of today in respect of the flats which have been handed over to the purported purchasers for fit out possession for a period of 8 weeks from today.
(v) The present Petition shall be treated as an Application under Section 17 of the Act and decided by the learned Arbitrator within 8 weeks from today.
(vi) The cost of Arbitration shall initially be borne by the parties
equally.
(vii)All contentions of the parties are kept open.
(viii)The venue of the Arbitration shall be at Mumbai.
(ix) The Arbitration Petition is accordingly disposed of.
( S.J.KATHAWALLA, J. )
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Kieon Developers Pvt. Ltd.
Mumbai Helter Housing development Pvt. Ltd.
S.J. KATHAWALLA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
