Allowed

Uma Construction Co. Thr. Its Mr. Deepak Limbani v. Ravinanda Landmarks UNIT-5 and Others

Bombay HC30 Nov 2023COARP/13/2022

Case brief

AI extract

What is this about?

The Bombay High Court appointed retired Justice Shalini Phansalkar-Joshi as the sole arbitrator after the respondent failed to nominate one following the petitioner's issuance of notice. The court fixed fees proportionately and directed the parties to appear before the arbitrator within ten days.

What did the court decide?

Appointment of Justice Shalini Phansalkar-Joshi as sole arbitrator and directions for fee payment and first hearing.

Uma Construction Co. Thr. Its Mr. Deepak Limbani Vs Ravinanda… — Arbitration | Bombay HC (2023)

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37-COARP-13-2022.DOC

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2023:BHC-AS:35622

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Gaikwad RD

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION COMMERCIAL ARBITRATION PETITION NO.13 OF 2022

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Uma Construction Co. Through its authorize signatory …Petitioner Mr. Deepak Limbani Versus Ravinanda Landmarks Unit-5 …Respondent

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Mr Pranav Shah , i/b Mr. Akshay Petkar, for the Petitioner. None for the Respondent.

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CORAM: Dr. Neela Gokhale, J. DATED: 30th November 2023

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PC:-

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1. The Petitioner seeks appointment of a sole arbitrator to adjudicate the disputes that have arisen between the parties out the agreement/work order dated 22^nd September 2018. The arbitration clause in the work order reads as thus:

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“Arbitration

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Any dispute arising out of this Agreement which cannot be resolved between the parties shall be submitted to Arbitration. Each party shall nominate an Arbitrator and the two Arbitrators shall an Umpire. In case the two Arbitrators do not agree, the decision of the Umpire shall be final and binding on the parties.

Page 1 of 4

30th November 2023

37-COARP-13-2022.DOC

The Arbitration venue shall be in Pune and the provisions of the Arbitration act shall applicable.

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All disputes arising out of or in any way connected with this agreement shall be deemed to have arisen at Pune and only courts at Pune shall have jurisdiction to determine the same.”

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2. By notice dated 16^th September 2022, the Petitioner invoked the arbitration clause and called upon the Respondent to refer the dispute to arbitration. However, there was no reply from the Respondent. Notice was issued by this Court to the Respondent. The Respondent No.1 had appeared in the matter and sought time to file a reply affidavit. By order dated 27^th June 2023, a last opportunity was given to the Respondent to file his reply affidavit on or before 7^th July 2023. The record indicates that no affidavit in reply is filed till date.

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3. In these circumstances, I pass the following order:

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ORDER

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Hon’ble Smt. Justice Shalini Phansalkar-Joshi, Retired Judge, Bombay High Court, is appointed as a Sole Arbitrator to enter reference and adjudicate the disputes between the parties out of the Development Agreement dated 25th April 2014. The seat of the arbitration shall be Pune as agreed by the parties in the Arbitration Clause in work order dated 22^nd September 2018.

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Page 2 of 4 30th November 2023

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37-COARP-13-2022.DOC

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The learned Sole Arbitrator shall forward a statement of disclosure as per the requirement of Section 12(1) of Arbitration and Conciliation Act 1996 to the Prothonotary and Senior Master of this Court to be placed on record of this Petition with a copy forwarded to both the parties.

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At the first instance the parties shall appear before the learned Arbitrator within a period of ten days from the date of uploading of this order or on such date that may be fixed by the Sole Arbitrator.

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All contentions of the parties on merits of the disputes are expressly left open.

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The fees payable to the Arbitral Tribunal shall be in accordance with the Bombay High Court (Fee payable to the Arbitrator) Rules, 2018 which shall be borne by the parties in equal proportion.

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The Petition is disposed of in the above terms. There will be no order as to costs.

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Office to forward a copy of this order to the learned Sole Arbitrator on the following address:

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“Hon’ble Smt. Justice Shalini Phansalkar-Joshi, Retired Judge, Bombay High Court, Bungalow No.12, Bhagya-Chintamani Society,

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Page 3 of 4 30th November 2023

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37-COARP-13-2022.DOC

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Paud Road, Opposite Kachara Depot, Kothrud, Pune. Mobile No. 9657188676 Email ID: [email protected]”

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(Dr. Neela Gokhale, J)

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Page 4 of 4 30th November 2023

Uma Construction Co. Thr. Its Mr. Deepak Limbani v. Ravinanda Landmarks UNIT-5 and Others

Case brief

What is this about?

What did the court decide?

Uma Construction Co. Thr. Its Mr. Deepak Limbani v. Ravinanda Landmarks UNIT-5 and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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