Richard John Pinto And Anr vs Dewan Housing Finance ...
2021 Latest Caselaw 13739 Bom

                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   ORDINARY ORIGINAL CIVIL JURISDICTION


                                 ARBITRATION PETITION (L) NO.20836 OF 2021


               Richard John Pinto & Anr.                        .. Petitioners
                         v/s.
               Dewan Housing Finance Corporation Ltd.
               & Ors.                                           .. Respondents



               Mr. Dharam Jumani i/b. Mayuresh Borkar for the petitioners.

               None for the respondents.


                                                         CORAM : A. K. MENON, J.

DATED : 23RD SEPTEMBER 2021.

P.C. :

1. Mr. Jumani seeks urgent relief in terms of the prayer clauses (c)

and (d) since he submits that the Arbitrator has been unilaterally

appointed by the respondent no.1 pursuant to the arbitration

clause contained in the loan Agreement. The arbitration clause

contemplates reference to a Sole Arbitrator of the Managing

Director or Executive Director(s), President(s),Vice President(s) of

the first respondent or any other authorized person to be

appointed by the aforesaid persons.

Digitally signed by SANDHYA SANDHYA BHAGU BHAGU WADHWA

WADHWA Date:

2021.09.27 14:05:09 +0530

34.ARBPL-20836-21.doc wadhwa

2. The learned counsel further submits that notice has been given to

the respondent. He has tendered affidavit of service. He submits

that only some protection is granted. The Sole Arbitrator will

proceed exparte. He relies upon the correspondence to the filing

of the petition.

3. In view of the current legal position and in view of the judgment

of Supreme Court in Perkins Eastman Architects DPC & Anr. V/s.

HSCC (India) Ltd. [2019 SCC OnLine 1517] , the Sole Arbitrator is

restrained from proceeding with the arbitration till 20 th October,

2021.

(A. K. MENON, J.)

34.ARBPL-20836-21.doc wadhwa