Section 9 arbitration petition concerning disputes arising from a construction agreement. Parties consented to arbitration; the Court appointed a sole arbitrator and granted pro tem interim relief permitting removal of a bending machine, with a Rs. 7 lakh fixed deposit as security for disputed steel and stone at site. Petition disposed.
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.
507-CARBP-237-2025 copy.docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION
Commercial Arbitration Petition NO. 237 OF 2025
Digitally signed by SHRADDHA SHRADDHA KAMLESH KAMLESH TALEKAR TALEKAR Date: 2025.04.28 21:17:30 +0530
Viiaanaditya Infra Versus Chothani Buildcorp Pvt Ltd
...Petitioner(s)
...Respondent(s)
Adv. Hiral Thakkar a/w. Anuj Jhaveri and Ritisha Choudhary, for Petitioner.
Mr. Amrut Joshi a/w. Yazad Udwadia, Suraj Iyer, Rickin Dang i/b Ganesh and Co., for Respondent(s).
CORAM : SOMASEKHAR SUNDARESAN, J.
Date : April 16, 2025
P. C.
these circumstances, without the need for filing a separate Application for appointment of an arbitrator, the consent of the parties to proceed to
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arbitration is recorded and they shall proceed to arbitration to be conducted by an arbitrator who is appointed in the following terms :
A] Ms. Naira Jeejeebhoy, a learned advocate of this Court is hereby appointed as the Sole Arbitrator to adjudicate upon the disputes and differences between the parties arising out of and in connection with the Agreement referred to above;
Office Address:- C/o. Bharat Flooring & Tiles, 32, Mumbai Samachar Marg, Fort, Mumbai.
B] A copy of this Order will be communicated to the Learned Sole Arbitrator by the Advocates for the Petitioner within a period of one week from the date on which this order is uploaded on the website of this Court. The Petitioner shall provide the contact and communication particulars of the parties to the Arbitral Tribunal along with a copy of this Order;
C] The Learned Sole Arbitrator is requested to forward the statutory Statement of Disclosure under Section 11(8) read with Section 12(1) of the Act to the parties within a period of two weeks from receipt of a copy of this Order;
D] The parties shall appear before the Learned Sole Arbitrator on such date and at such place as indicated, to obtain appropriate directions with regard to conduct of the arbitration including fixing a schedule for pleadings, examination of witnesses, if any, schedule of hearings etc. At such meeting, the parties shall provide a valid and
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functional email address along with mobile and landline numbers of the respective Advocates of the parties to the Arbitral Tribunal. Communications to such email addresses shall constitute valid service of correspondence in connection with the arbitration;
E] All arbitral costs and fees of the Arbitral Tribunal shall be borne by the parties equally in the first instance, and shall be subject to any final Award that may be passed by the Tribunal in relation to costs.
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nationalized bank marking a lien of the same in favour of the Prothonotary and Senior Master of this Court and demonstrate compliance with the same to the learned arbitrator. Such deposit shall abide by the outcome in the arbitration.
[ SOMASEKHAR SUNDARESAN, J.]
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2 issues framed by the court
Whether interim relief under Section 9 should be granted pending arbitration between the parties.
Who should be appointed as arbitrator to adjudicate the disputes under the agreement.
3 provisions across 1 enactments
Viiaanaditya Infra
Chothani Buildcorp Pvt Ltd
SOMASEKHAR SUNDARESAN
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
