Jayant Meghani And 2 Ors vs Shree Tirupati Greenfield ...
2021 Latest Caselaw 16530 Bom

GANESH
SUBHASH                                                                15-CARAP-55-2020.doc
LOKHANDE
Digitally signed by
GANESH SUBHASH
                                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
LOKHANDE
Date: 2021.12.02
11:24:21 +0530                          ORDINARY ORIGINAL CIVIL JURISDICTION
                                              IN ITS COMMERCIAL DIVISION

                            COMMERCIAL ARBITRATION APPLICATION NO. 55 OF 2020

                      Jayant Meghani & Ors.                                        .. Applicants
                                  Vs.
                      Shree Tirupati Greenfield Developers & Ors.                  .. Respondents


                      Mr.Narayan Sahu i/b. S. K. Dubey & A. K. Upadhyay for the Applicants
                      in both matters.
                      Mr.Saurabh Oka for the Respondents.


                                                   CORAM :- B.P.COLABAWALLA, J.

                                                   DATE     :- 30th NOVEMBER, 2021.


                      P. C.:

1. The above Application is filed under Section 11 of the

Arbitration and Conciliation Act, 1996 (for short "the Arbitration Act")

seeking the appointment of a Sole Arbitrator to decide the disputes and

differences between the Applicants and the Respondents arising out of

and/or in connection with and/or incidental to the Memorandum of

Understanding (for short "the MoU") dated 7th June, 2014.

2. Initially, the Applicants herein had approached this Court

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by filing Commercial Summary Suit No. 1172 of 2019. In the said

Summary Suit, the Defendants therein filed an Interim Application

contending that there was an Arbitration Clause between the parties and

therefore the Suit be referred to Arbitration under Section 8 of the

Arbitration Act. That Application came to be allowed by this Court vide

its order dated 10th January, 2020 and the operative part of the said

order reads thus:

"13. Hence, the interim application deserves to be allowed. Thus,the following

order :

(i) The interim application is allowed.

(ii) The parties are referred to arbitration in accordance with

the arbitration agreement contained in the Memorandum of

Understanding dated 7th June 2014.

(iii) An Arbitrator shall be appointed by the parties in accordance with

the provisions of the Arbitration and Conciliation Act, 1996.

(iv) In view of the reference of the parties to arbitration, Commercial

Summary Suit No. 1172 of 2019 stands disposed of.

No costs.

(v) The plaintiffs are entitled to refund of court fees, if any, in

accordance with rules.

(vi) In view of disposal of the commercial summary suit, Summons for

Judgment No.70 of 2019 also stands disposed of."

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3. Since the parties could not agree to the name of an

Arbitrator, the Court passed the aforesaid order. Hence, the present

Section 11 Application is filed.

4. The learned advocate appearing on behalf of the

Respondents has fairly stated that the Respondents do not dispute the

existence and validity of the Arbitration Agreement. Both parties have

further stated that since they are unable to agree to the name of an

Arbitrator, they have both left it to the Court to appoint a Sole Arbitrator

to decide the disputes and differences between the parties arising out of

the MoU dated 7th June, 2014.

5. In view of the aforesaid stand of the parties, the following

order is passed:

(a) Mr. Atul Daga, an advocate of this Court, is hereby appointed to act as a Sole Arbitrator to decide the disputes and differences between the Applicants and the Respondents arising out of and/or in connection with and/or in relation to the MoU dated 7th June, 2014.

(b) A copy of this order will be communicated to the learned Sole Arbitrator by the advocates for the Applicants within a period of one week from today.

(c) The learned Sole Arbitrator is requested to forward his Statement

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of Disclosure under Section 11 (8) read with Section 12 (1) of the Arbitration Act to the advocates for the Applicants so as to enable them to file the same in the Registry of this Court. The Registry of this Court shall retain the said Statement on the file of this Application and a copy of the same shall be furnished by the advocates for the Applicants to the advocates for the Respondents.

(d) The parties shall appear before the learned Sole Arbitrator on such date and at such place as he nominates to obtain appropriate directions with regard to fixing a schedule for completing pleadings etc. The Arbitral Tribunal shall give all further directions with reference to the arbitration and also as to how it is to proceed.

(e) Contact and communication particulars shall be provided by all sides to the learned Sole Arbitrator within a period of one week from today. This information shall include a valid and functional email address as well as mobile numbers of the respective advocates.

(f) All Arbitral costs and fees of the Arbitrator will be borne by both sides equally, subject to the final Award that may be passed by the Arbitral Tribunal.

(g) The parties immediately consent to a further extension of up to six months to complete the Arbitration should the learned Sole Arbitrator find it necessary.

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(h) The parties have agreed that the venue and seat of the arbitration will be in Mumbai.

6. The Arbitration Application is accordingly disposed of. No

order as to costs.

7. All parties to act on an authenticated copy of this order

digitally signed by the Personal Assistant /Private Secretary/Associate

of this Court.

                                           (B. P. COLABAWALLA, J.)




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