Allowed

M/S Green City Builders, through Its Partner, Shri Abid Shabbir Khan and 2 Others v. Shri Rajendra Vishwanath Choudhary, through P.O.A. Shri Ashish S/O Rajendra Choudhary and Another

Bombay HC25 Jul 2024AA/39/2024

Case brief

AI extract

What is this about?

Arbitration appeal against rejection of Section 8 referral application; parties arrived at a consensus for arbitration. The court set aside the impugned order, referred the parties to arbitration and appointed a former Judge of the Court as arbitrator.

What did the court decide?

Impugned order set aside; parties referred to arbitration; R.C. Chauhan, Former Judge, appointed arbitrator; leave granted to seek refund of court fees.

M/S Green City Builders, through Its Partner, Shri Abid Shabbir… — Arbitration | Bombay HC (2024)

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6 aa no.39.24.odt..odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR .

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ARBITRATION APPEAL NO.39 OF 2024

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M/s Green City Builders, Nagpur thr. its Partners Shri Zakir Khan (Vs.)

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Shri Rajendra Vishwanath Choudhary thr. POA and another

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Office Notes, Office Memoranda of Coram,____________________________________________________________________ appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders.

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Mr. S.Zia Qazi, Advocate for applicant.

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Mr. Abhijit Khare, Advocate for the respondents.

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CORAM : G.A. SANAP, J . DATE : 12.09.2024

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Learned Advocate for the parties submit that parties have now arrived at a consensus on the issue of the appointment of the arbitrator for the resolution of the dispute arising between them. The application under Section 8 of the Arbitration and Conciliation Act, 1996 made by the appellants for referring the dispute to Arbitration was rejected. Learned Advocates submit that since the parties have arrived at a consensus for resolution of the dispute by way of Arbitration, Shri R.C. Chauhan, Former Judge of this Court may be appointed as an Arbitrator.

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6 aa no.39.24.odt..odt

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2/2

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In view of the above, the impugned order dated 16.02.2018 is set aside. Parties are referred to Arbitration. Shri R.C. Chauhan, Former Judge of this Court is appointed as an Arbitrator to resolve the dispute arising between the parties.

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The Registrar (Judicial) to seek disclosure as per Section 11(8) and 12(1) of the Arbitration and Conciliation Act, 1996.

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The Registry shall do the needful within two weeks.

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Stand over to 03.10.2024 .

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It is made clear that the matter before learned Civil Court shall proceed from the stage where it was left of.

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Leave is granted to the respondentsoriginal plaintiffs to make proper application before the learned trial Judge for refund of court fees etc.

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JUDGE

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manisha

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Signed by: Mrs. Manisha Shewale Designation: PA To Honourable Judge Date: 19/09/2024 12:23:25

M/S Green City Builders, through Its Partner, Shri Abid Shabbir Khan and 2 Others v. Shri Rajendra Vishwanath Choudhary, through P.O.A. Shri Ashish S/O Rajendra Choudhary and Another

Case brief

What is this about?

What did the court decide?

M/S Green City Builders, through Its Partner, Shri Abid Shabbir Khan and 2 Others v. Shri Rajendra Vishwanath Choudhary, through P.O.A. Shri Ashish S/O Rajendra Choudhary and Another

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

All orders in this case

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