Disposed¶29

Kamlesh Katoch v. S.B.Abodes Pvt. Ltd.

Bombay HC3 Jul 2025ARBP/118/2024

Case brief

AI extract

What is this about?

Section 11 Arbitration and Conciliation Act 1996; arbitration petition referred to mediation; parties' consensus for professional mediation; jurisdiction question left open; competing camps of society members and developer; redevelopment agreement; Mediator appointed: Alpana Ghone, Advocate; mediation report within two weeks; mediation costs borne equally, subject to Mediator's final report/Award on costs; Bombay High Court OO CJ; ARBP 118 of 2024; Somasekhar Sundaresan J; July 3, 2025; Kamlesh Katoch v. S.B. Abodes Pvt Ltd & Ors.

What did the court decide?

Petition disposed of by referring the parties to professional mediation; Ms. Alpana Ghone appointed as Mediator, with the mediation report requested within two weeks of receipt of the Order. ¶29

Kamlesh Katoch vs S.B.Abodes Pvt. Ltd. — Arbitration | Bombay HC (2025)

What the court decided

AI extract

Outcome

Petition disposed of by referring the parties to professional mediation; Ms. Alpana Ghone appointed as Mediator, with the mediation report requested within two weeks of receipt of the Order.

¶29

Issue for consideration

Whether this Court has jurisdiction over the Petition — expressly left open by the Court, which declined to address it. +1 more

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Ratio / Principle

Accepting the parties' consensus expressed in Court, the Petition is disposed of by referring the parties to professional mediation.

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Key takeaways

Ms. Alpana Ghone, an Advocate of this Court, is appointed as the Mediator to adjudicate upon the disputes and differences between the parties.ratio¶18
All mediation costs and fees of the Mediator shall be borne by the parties equally in the first instance, subject to any final report/Award that may be passed by the Mediator in relation to costs.ratio¶28
The Learned Mediator is requested to forward the mediation report within two weeks from receipt of a copy of the Order.

Detailed headnote1 paragraphs

Bombay High Court (OO CJ), Arbitration Petition No. 118 of 2024 under Section 11 of the Arbitration and Conciliation Act, 1996 — Kamlesh Katoch v. S.B. Abodes Pvt Ltd & Ors. The Petition involved two competing camps of members and a developer holding a redevelopment agreement with the society. Without addressing whether the Court had jurisdiction, the Court accepted the parties' consensus expressed in Court to resolve their disputes through professional mediation and disposed of the Petition by referring the parties to mediation. Ms. Alpana Ghone, Advocate, was appointed as Mediator; the Petitioner's advocates were to communicate the Order to the Mediator within one week of upload; the Mediator was requested to forward her report within two weeks of receipt; and all mediation costs and fees were to be borne equally by the parties in the first instance, subject to any final report/Award of the Mediator on costs. Decision dated July 3, 2025 (Somasekhar Sundaresan, J.).

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502-ARBP-118-2024 copy.docx

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO. 118 OF 2024

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Digitally signed by SHRADDHA SHRADDHA KAMLESH KAMLESH TALEKAR TALEKAR Date: 2025.07.15 21:18:36 +0530

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Kamlesh Katoch … Petitioner

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Vs.

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S.B. Abodes Pvt Ltd & Ors.

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.. Respondents

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Mr. Durgaprasad Sabnis a/w. Hiten Lala, for Petitioner. Mr. Piyush M. Shah a/w. Dishang Shah, Manisha Jain and Shreya Modi, for Respondent No. 1.

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Mr. Atharva A. Dandekar a/w. Milind Godbole, for Respondent Nos. 2 to 9, 11 and 13.

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CORAM : SOMASEKHAR SUNDARESAN, J.

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Date : July 3, 2025

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Order :

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This is a Petition under Section 11 of the Arbitration and Conciliation Act, 1996 (“ the Act ”).

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The issues raised in this Petition involve two competing camps of members and the developer who has a redevelopment agreement with the society. Without getting into whether this Court has jurisdiction at all, it would be appropriate to dispose of this Petition accepting the parties’ consensus expressed in Court today that they would attempt to resolve their disputes by engaging in professional mediation. The parties are hereby referred to mediation in the following terms :

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Page 1 of 3 July 3, 2025

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Shraddha

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502-ARBP-118-2024 copy.docx

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A] Ms. Alpana Ghone, an Advocate of this Court, is hereby appointed as the Mediator to adjudicate upon the disputes and differences between the parties. The contact particulars of the Mediator are given below :

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Office Address : 53, Ajaydeep House, 240 Parin Nariman Street, Fort, Mumbai 400001

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Email : [email protected]

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B] A copy of this Order will be communicated to the Learned Mediator 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 Mediator along with a copy of this Order;

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C] The Learned Mediator is requested to forward the report within a period of two weeks from receipt of a copy of this Order;

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D] The parties shall appear before the Learned Mediator on such date and at such place as indicated, to obtain appropriate directions with regard to conduct of the Mediation 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 functional email address along with mobile and landline numbers of the respective Advocates of the parties to the Mediator.

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E] All mediation costs and fees of the Mediator shall be borne by the

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Page 2 of 3 July 3, 2025

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Shraddha

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502-ARBP-118-2024 copy.docx

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parties equally in the first instance, and shall be subject to any final report Award that may be passed by the Mediator in relation to costs.

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The Petition is disposed of.

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All actions required to be taken pursuant to this order, shall be taken upon receipt of a downloaded copy as available on this Court’s website.

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[ SOMASEKHAR SUNDARESAN, J.]

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Page 3 of 3 July 3, 2025

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Shraddha

Kamlesh Katoch v. S.B.Abodes Pvt. Ltd.

Case brief

What is this about?

What did the court decide?

Kamlesh Katoch v. S.B.Abodes Pvt. Ltd.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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