Sureshkumar Omakarmal Khandelwal v. Adarsh Developers
Case brief
What is this about?
Consensual arbitration referral; Section 9 petition converted into Section 17 application; Section 11 appointment of sole arbitrator; Arbitration and Conciliation Act 1996; Justice (Retd.) Anil Kumar Menon appointed Sole Arbitrator; Bombay High Court Commercial Division; Commercial Arbitration Petition No. 470 of 2025 with Commercial Arbitration Application No. 212 of 2025; statutory disclosure under Section 11(8) read with Section 12(1); arbitral costs borne equally in first instance; merits expressly kept open; Sureshkumar Omkarmal Khandelwal versus Adarsh Developers & Ors.
What did the court decide?
Both matters finally disposed of by consent: the Section 9 Petition was converted into an Application under Section 17 of the Act; Justice (Retd.) Mr. Anil Kumar Menon was appointed Sole Arbitrator; the arbitrator is to forward his statutory Statement of Disclosure under Section 11(8) read with Section 12(1) within two weeks; parties to appear before the arbitrator with contact particulars and provide functional email addresses for valid service; all arbitral costs and fees to be borne equally in the first instance, subject to the final award on costs; pleadings filed under Section 9 may be updated for factual developments.