Dhanlaxmi Builders and Develpers v. Anil Oswal
Case brief
What is this about?
Appointment of sole arbitrator by consent under Section 11, Arbitration and Conciliation Act 1996 — Bombay High Court, Arif S. Doctor, J., 25-06-2024 — Dhanlaxmi Builders and Developers vs. Anil Oswal — MOU dated 21-03-2022, arbitration clause 22, seat Pune — invocation letter 15-05-2023 — Dr. Smt. Justice Shalini Phansalkar-Joshi (Retd.) appointed Sole Arbitrator — Section 9 petition (CAP (L) No. 13408 of 2023) converted to Section 17 application — disclosure Sections 11(8)/12(1) — Bombay High Court (Fee Payable to Arbitrators) Rules 2018 — costs shared equally — six-month extension consented — both petitions disposed of; order corrected per speaking-to-minutes order dated 03-07-2024.
What did the court decide?
Appointment of Dr. Smt. Justice Shalini Phansalkar-Joshi (Retd.) as Sole Arbitrator (venue and seat: Pune); the pending Section 9 petition to be treated as a Section 17 application before the Arbitrator with liberty to seek leave for further affidavits; arbitral costs and fees to be borne equally in the first instance; both captioned Petitions disposed of in terms of the order.