Section 11 application for appointment of an arbitrator over disputes arising from a Development Agreement. By consent, the Court appointed Shanay Shah, Advocate, as Sole Arbitrator on agreed terms covering disclosure, fees, venue in Mumbai and liberty for interim applications.
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.
8-IA-3390-2022 IN CARBP-559-2017+.DOC
Shephali
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
IN ITS COMMERCIAL DIVISION
INTERIM APPLICATION NO. 3390 OF 2022
IN
COMMERCIAL ARBITRATION PETITION NO. 559 OF 2017
WITH
COMMERCIAL ARBITRATION APPLICATION (L) NO. 6622 OF 2022
WITH
INTERIM APPLICATION (L) NO. 12903 OF 2021
IN
SHEPHALI SANJAY MORMARE
Digitally signed by SHEPHALI SANJAY MORMARE Date: 2024.09.02 18:20:32 +0530
COMMERCIAL ARBITRATION PETITION NO. 559 OF 2017
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INTERIM APPLICATION NO. 1912 OF 2024
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COMMERCIAL ARBITRATION PETITION NO. 559 OF 2017
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CHAMBER SUMMONS NO. 32 OF 2020
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NOTICE OF MOTION NO. 688 OF 2018
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CHAMBER SUMMONS NO. 763 OF 2019
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NOTICE OF MOTION NO. 350 OF 2019
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INTERIM APPLICATION (L) NO. 50 OF 2024
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INTERIM APPLICATION (L) NO. 2136 OF 2024
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INTERIM APPLICATION NO. 410 OF 2021
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INTERIM APPLICATION (L) NO. 23486 OF 2022
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INTERIM APPLICATION NO. 2365 OF 2024
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INTERIM APPLICATION (L) NO. 1938 OF 2024
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INTERIM APPLICATION (L) NO. 12903 OF 2021
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COMMERCIAL ARBITRATION PETITION NO. 559 OF 2017
Municipal Corporation of Greater Mumbai ...Applicant IN THE MATTER BETWEEN Mulund Raviraj Co-operative Housing Society Ltd …Petitioner Versus Rupji Constructions & Anr …Respondents
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Mr Vikhil Dhoka , i/b GM Legal, for the Petitioner in CARBP/559/2017. Ms Ankita Singhania , i/b Akshay Kapadia, for the Applicant in IA/1912/2024.
Mr AK Chauhan , i/b Rahul Chauhan, for Respondents Nod. 1 and 3.
Mr GO Giri , with Shreya Shah, i/b Sunil Sonawane, for BMC in IA/3390/022.
Mr KK Trivedi , Administrator present.
CORAM: ARIF S. DOCTOR, J DATED: 2nd September 2024
PC:-
COMMERCIAL ARBITRATION APPLICATION (L) NO. 6622 OF 2022:
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TERMS OF APPOINTMENT
(a) Appointment of Arbitrator : Mr Shanay Shah, Advocate, is hereby nominated to act as a Sole Arbitrator to decide the disputes and differences between the parties.
(b) Communication to Arbitrator of this order :
(i) A copy of this order will be communicated to the learned Sole Arbitrator by the Advocates for the Applicant within one week from the date this order is uploaded.
(ii) The Advocates for the Applicant will forward an ordinary copy of this order to the learned Sole Arbitrator at the following postal and email addresses:
Arbitrator/s Mr Shanay Shah, Advocate.
Address 17-18, 1st Floor, Islam Building, 46-48 Veer Nariman Road, Opp. The Akbarally’s
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Stores, Fort,
Mumbai 400 001.
Mobile 9987483450
Email [email protected]
(c) Disclosure : The learned Sole Arbitrator is requested to forward, in hard copy or soft copy (or both), the necessary statement of disclosure under Section 11(8) read with Section 12(1) of the Arbitration Act to Advocates for the parties as soon as possible. The Advocates for the Applicant will arrange to file the original statement in the Registry. If the statement is forwarded in soft copy, a print out of the covering email is also to be filed in the registry.
(d) Appearance before the Arbitrator : Parties will appear before the learned Sole Arbitrator on such date and at such place as the learned Sole Arbitrator nominates to obtain appropriate directions in regard to fixing a schedule for completing pleadings, etc.
(e) Contact/communication information of the parties : Contact and communication particulars are to be provided by both sides to the learned Sole Arbitrator. The information is to include functional email addresses and mobile numbers.
(f) Interim Application/s :
(i) Liberty to the parties to make an interim application or interim applications including
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(but not limited to) interim applications under Section 17 of the Arbitration & Conciliation Act, 1996 before the learned Sole Arbitrator. Any such application will be decided in such manner and within such time as the learned Sole Arbitrator deems fit.
(ii)
The learned Sole Arbitrator is requested to dispose of all interim applications at the earliest.
(g) Fees : Since the the appointment of the Arbitrator is by consent, the arbitral tribunal’s fees shall not be governed by the Bombay High Court (Fee Payable to Arbitrators) Rules, 2018.
(h) Sharing of costs and fees : Parties agree that all arbitral costs and the fees of the arbitrator will be borne by the two sides in equal shares in the first instance.
(i) Consent to an extension if thought necessary . Parties immediately consent to a further extension of up to six months to complete the arbitration should the learned Sole Arbitrator find it necessary.
(j) Venue and seat of arbitration : Parties agree that the venue and seat of the arbitration will be in Mumbai.
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8-IA-3390-2022 IN CARBP-559-2017+.DOC
(ARIF S. DOCTOR, J)
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1 issue framed by the court
Whether an arbitrator should be appointed under Section 11 to adjudicate disputes between the petitioner and the developer under the Development Agreement dated 3 May 2013.
3 provisions across 1 enactments
Mulund Raviraj Co-operative Housing Society Ltd
Rupji Constructions
Municipal Corporation of Greater Mumbai
Arif S. Doctor
As recorded by the court registry
14 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
