Vraj Kamman Developers LLP vs Bipin Villa Co. Operative Housing… — Arbitration | Bombay HC (2025)

Vraj Kamman Developers LLP vs Bipin Villa Co. Operative Housing… — Arbitration | Bombay HC (2025)

What the court decided

AI extract

Outcome

Appointment of Mr. Swanand Ganoo as Learned Sole Arbitrator to adjudicate all disputes and differences between the parties; the Section 9 petition to be treated as an Application under Section 17 of the Act before him; both captioned petitions and all connected interim applications disposed of finally.

Issue for consideration

Whether, upon the joint submission of learned counsel, all disputes and differences between the parties should be referred to arbitration before a Sole Arbitrator appointed by consent. +1 more

Court's answer

On the joint consent of learned counsel for the parties, Mr. Swanand Ganoo, a Learned Advocate of this Court, was appointed as the Learned Sole Arbitrator, and all disputes and differences between the parties shall be adjudicated by him in accordance with the Act.

Ratio / Principle

The Petition filed under Section 9 of the Arbitration and Conciliation Act, 1996 shall be treated as an Application under Section 17 of the Act for consideration by the Learned Sole Arbitrator; given the efflux of time, the Petitioner is at liberty to supplement or mould the contentions contained in the Section 9 Petition.

Key takeaways

With the aforesaid directions, both the captioned Petitions are disposed of finally, all Interim Applications connected to the same matter likewise stand disposed of finally, and the Learned Sole Arbitrator is requested to consider the Application under Section 17 as expeditiously as possible.ratio¶¶18

Detailed headnote1 paragraphs

Arbitration — Consent appointment of arbitrator — Bombay High Court (OOCJ), Somasekhar Sundaresan, J., 15 January 2025: On the joint submission of learned counsel for Vraj Kamman Developers LLP and Bipin Villa Co-operative Housing Society Ltd., Mr. Swanand Ganoo, Advocate, was appointed as Learned Sole Arbitrator by consent to adjudicate all disputes and differences between the parties in accordance with the Arbitration and Conciliation Act, 1996. The pending Petition filed under Section 9 of the Act was directed to be treated as an Application under Section 17 of the Act before the Learned Sole Arbitrator, with liberty to the Petitioner to supplement or mould his contentions. Both captioned matters (Arbitration Petition No. 93 of 2024 and Arbitration Application No. 267 of 2024), along with all connected interim applications, were disposed of finally.

37-ARBP-93-2024 & 267-24.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION

ARBITRATION PETITION NO. 93 OF 2024

Vraj Kamman Developers LLP …Petitioner

Versus

Bipin Villa Co-operative Housing Society Ltd. …Respondent

WITH

ARBITRATION APPLICATION NO. 267 OF 2024

Mr. Aseem Naphade, i/b Saket Mungale, for the Petitioner. Appearance not given.

CORAM : SOMASEKHAR SUNDARESAN, J. DATE : JANUARY 15, 2025

PC :

Today, when the matter is called out, Learned Counsel for the parties jointly submit that they are willing to refer all disputes and differences between them to arbitration, to be conducted by a Learned Sole Arbitrator. By consent, they submit that Mr. Swanand Ganoo, a Learned Advocate of this Court may be appointed as the Learned Sole Arbitrator. All disputes and differences between the parties shall be adjudicated by the Learned Sole Arbitrator in accordance with the Act. The contact particulars of the Sole Arbitrator are as under:-

Digitally signed byASHWINI ASHWINIJANARDANVALLAKATI JANARDANVALLAKATIDate: 2025.01.20 11:55:18 +0530

Page 1 of 2 January 15, 2025

Ashwini Vallakati

37-ARBP-93-2024 & 267-24.doc

Swanand Ganoo Add: Office No.19 1^st Rohit Chambers, Janmabhoomi Marg, Fort, Mumbai 400 001 Email ID: [email protected]

The Petition filed under Section 9 of the Arbitration and Conciliation Act, 1996 (“ the Act ”) shall be treated as an Application under Section 17 of the Act for appropriate consideration by the Learned Sole Arbitrator. Given the efflux of time, should the Petitioner be desirous of supplementing or moulding the contentions contained in the Petition under Section 9, he shall be at liberty to do so. With the aforesaid directions, both the captioned Petitions are disposed of finally.

Needless to say, all Interim Applications connected to the same matter, would also stand disposed of finally. Learned Sole Arbitrator is requested to consider such Application under Section 17 as expeditiously as possible.

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.

[ SOMASEKHAR SUNDARESAN, J.]

Page 2 of 2

January 15, 2025

Ashwini Vallakati