Omprakash S/O. Babuappa Khake vs M/S. Reatox Builders And ...
2017 Latest Caselaw 7232 Bom

(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

(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.

 (Judgment) 1509  MCA 136-2016                                                                    4/4




                               10]           No costs.



                               11]           Rule is made absolute, in the above terms.




                                                                           JUDGE 
                              Yenurkar