High Court at Bombay, Commercial Division, appointed Mr Sanjay Jain as sole arbitrator. Set a timeline for payment dispute resolution. Allowed parties to apply for modifications to the interim order within eight weeks.
Sole arbitrator appointed as Mr. Sanjay Jain. Previous ad-interim order continued for eight 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.
911-CARPBL3-17.DOC
Shephali
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION
ARBITRATION PETITION (L) NO. 3 OF 2017
Nirav Co-operataive Housing Society Ltd…Petitioners
Versus
Shabbir H Chunawala & Anr…Respondents
…Respondents
Mr Vikhil Dhoka, i/b Solicis Lex, for the Petitioners.
Ms Sukhada J, i/b SB Prabhavalkar, for the Respondent No. 1.
CORAM: G.S. PATEL, J DATED: 8th March 2017
PC:-
1.The 1st Respondent has paid total amount of Rs. 77,00,000/-
into Court. This was in accordance with his statement made on 11th
January 2011. Later on 28th February 2017 I extended time for
payment of part of that amount. The entire amount is now been
deposited in Court.
2.The 1st Respondent disputes the Petitioners’ claims. Even
this deposit is made without prejudice to the rights and contentions
of the Respondents.
Page 1 of 3
8th March 2017
911-CARPBL3-17.DOC
3.Parties are agreed on the name of Mr Sanjay Jain, learned
Advocate of this Court as the sole Arbitrator. His statement of
disclosure has been obtained. It is taken on record and marked “X”
for identification with today’s date. All disputes between the parties
are report to the sole arbitration of Mr Jain. The Petitioner will
place an authenticated copy of this order before Mr Jain on or before
17th March 2017. He is requested to call his first meting at his
earliest convenience thereafter.
4.The previous ad-interim order dated 11th January 2017, as
contained in paragraphs 5 and 6 will continue for a period of eight
weeks from today. By that time the parties must make a suitable
application before the learned sole Arbitrator for either continuance,
modification or vacating of this order. The Petitioner is a society. It
claims to have terminated its agreement with the Respondent
developer. However, the Respondent does not accept the
termination and says that it is still on site and is still carrying on the
development work. This means that there must be some time
allowed for both sides to make their respective applications to the
learned Sole Arbitrator.
5.It is clarified that the Petitioner will be at liberty to apply to
the learned sole Arbitrator for leave to appoint another developer
even before that date. Unless otherwise continued, the previous
order will automatically come to an end at the end of eight weeks
from today.
Page 2 of 3
8th March 2017
911-CARPBL3-17.DOC
6.The Petitioner will be at liberty to apply to the sole Arbitrator
for an order of withdrawal of the amount deposited, and the learned
Sole Arbitrator will, of course, consider that application on merits,
including permitting it on such terms and conditions as the
Arbitrator may thinks fit.
(G. S. PATEL, J.)
Page 3 of 3
8th March 2017
3 issues framed by the court
Whether to appoint a sole arbitrator and appoint Mr Sanjay Jain as the sole arbitrator.
Whether to extend the time for payment of part of the amount deposited.
Whether to continue the previous ad-interim order pending applications before the sole arbitrator.
Nirav Co-operataive Housing Society Ltd
Shabbir H Chunawala
G.S. Patil
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court