Chembur Sandya Chs Ltd. v. Heritage Lifestyle and Development Private Ltd.
Case brief
What is this about?
Consent appointment of sole arbitrator under Sections 9 and 11, Arbitration and Conciliation Act, 1996; redevelopment dispute between co-operative housing society and developer; MOU dated 18 July 2009 Clause 22; Agreement for Redevelopment dated 06 September 2014 Clause 76; Supplementary Development Agreement dated 19 July 2019 Clause 11; arbitrator Mr. Amrut Anil Joshi; disclosure under Section 11(8) read with Section 12(1); Section 17 interim applications before arbitrator; Bombay High Court (Fee Payable to Arbitrators) Rule 2018; equal sharing of arbitral costs and fees; consented six-month extension; venue and seat of arbitration Mumbai; commercial arbitration application disposed of.
What did the court decide?
Nomination of Mr. Amrut Anil Joshi as Sole Arbitrator to decide the disputes and differences between the parties under the MoU and the Agreements, with ancillary directions on disclosure (Section 11(8) read with Section 12(1)), interim applications (including under Section 17), tribunal fees under the Bombay High Court (Fee Payable to Arbitrators) Rule, 2018, equal first-instance sharing of arbitral costs and arbitrator's fees, consented extension of up to six months, and Mumbai as venue and seat.