(Judgment) 1509 MCA 136-2016 1/4
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH AT NAGPUR.
MISC. CIVIL APPLICATION NO.
136
/2016
Omprakash S/o Babuappa Khake,
Aged about 58 years, Occu: Business,
R/o. 25/26, 'Om Bunglow', Surana Nagar,
Aurangabad - 431001 (Maharashtra). APPL IC
ANT
.....VERSUS.....
1] M/s. Reatox Builders and Developers
Private Limited, (A company incorporated
under the Companies Act, 1956) Regd. Office
at 16/815, MHB Colony, Kher Nagar,
Bandra (E) Mumbai - 400 051, through its
Director Shri Atul D. Shirodkar.
Now renamed as "Chaurangi Builders &
Developers Pvt. Ltd.".
2] Shri Atul D. Shirodkar,
Director of M/s. Reatox Builders and
Developers Private Limited, (A company
incorporated under the Companies Act,
1956) Regd. Office at 16/815, MHB
Colony, Kher Nagar, Bandra (E),
Mumbai - 400 051.
3] M/s. Maharashtra Airport Development
Company Ltd. (A body constituted under
the Companies Act, 1956) Regd. Office
at World Trade Center, 12th Floor, Cufe
Parade, Mumbai - 400005, through its
Vice Chairman and Managing Director. RESPONDE NTS
Shri Masood Shareef, counsel for applicant.
Shri Abhijeet V. Khare, counsel for respondent nos.1 and 2.
Shri Arun R. Patil, counsel for respondent no.3.
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(Judgment) 1509 MCA 136-2016 2/4
CORAM: S.B. SHUKRE, J.
DATE : SEPTEMBER 15, 2017.
ORAL JUDGMENT :
Heard.
2] Leave to amend the cause title, is granted,
stating the changed name of respondent no.1. Amendment be carried out forthwith.
3] Rule. Rule made returnable forthwith.
4] Heard finally by consent.
5] It is seen that there is a dispute between the
applicant on the one hand and respondent nos.1 and 2 on the other hand, arising out of the alleged breach of terms and conditions of the agreement dated 16/12/2009. There is an arbitration clause as clause (17) in this agreement. After arising of the dispute, it is further seen that, a notice for referring the matter to Arbitrator was issued by the applicant and it was ::: Uploaded on - 19/09/2017 ::: Downloaded on - 21/09/2017 01:08:04 ::: (Judgment) 1509 MCA 136-2016 3/4 received by all the respondents. However there was no response given by any of the respondents by referring the matter to the Arbitrator. Thus, there is also no dispute about all these facts.
6] The above facts show that there is failure of mechanism prescribed for appointment of Arbitrator, and therefore, this would be a fit case for grant of this application. Therefore, application is allowed. 7] By consent, Shri Ashok S. Shivankar, is appointed as an Arbitrator.
8] The applicant shall deposit, in this Court, an amount of Rs.25,000/- towards processing fees, within a period of two weeks from the date of the order, failing which, this application shall stand dismissed without reference to this Court.
9] The copy of the order be sent to the learned Arbitrator, so appointed, only after depositing, in this Court, the processing fees.
::: Uploaded on - 19/09/2017 ::: Downloaded on - 21/09/2017 01:08:04 ::: (Judgment) 1509 MCA 136-2016 4/4 10] No costs. 11] Rule is made absolute, in the above terms. JUDGE Yenurkar ::: Uploaded on - 19/09/2017 ::: Downloaded on - 21/09/2017 01:08:04 :::