M/S Eisha Atharva Constructions, ... vs Mrs. Priyanka Sareen @ Priyanka ...
2022 Latest Caselaw 4523 Bom

                                                                        14-ARA-6-22.doc

                   Sharayu Khot.
                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      CIVIL APPELLATE JURISDICTION

                                    ARBITRATION APPEAL NO. 6 OF 2022

                        M/s. Eisha Atharva Constructions & Ors. ...Appellants

                               Versus

                        Mrs. Priyanka Sareen @ Priyanka Roy
                        Kapur                                      ...Respondent
                                                   WITH
                                    INTERIM APPLICATION NO. 1099 OF 2022
                                                        IN
                                    ARBITRATION APPEAL NO. 6 OF 2022
                                                     ----------
                        Mr. Tejas Deshmukh for the Appellant.
                        Mr. Radhikesh V. Uttarwar, Mr. Shrikant Patil, Mr. Arjun
                        Pawar, Ms. Pooja R. Thakur for the Respondent.
                                                     ----------

                                                     CORAM : R.I. CHAGLA J
                                                     DATE   : 28 April 2022
                        ORDER :

1. Heard the learned Counsel for the parties.

2. Arbitration Appeal No. 6 of 2022 has been fled to SHARAYU PANDURANG KHOT challenge the Judgment and order dated 29th January 2022

passed by the District Judge-2, Pune in Civil Misc.Application Digitally signed by SHARAYU PANDURANG KHOT Date:

2022.04.29 18:08:10 +0530

No. 351 of 2021 fled under Section 9 of the Arbitration and

Conciliation Act, 1996 and in which Application, the District

14-ARA-6-22.doc

Court was pleased to grant interim injunction against the

Appellants and the construction has been stayed.

3. This matter has come up on previous dates, when

this Court had indicated that the parties endeavour to settle

the matter.

4. Learned Counsel for the parties have agreed to refer

the dispute to arbitration and for appointment of an arbitrator

by this Court. The name of the retired Judge of this Court (Dr.)

Smt. Shalini Phansalkar-Joshi is agreeable to the parties.

5. Learned Counsel appearing for the Appellant has on

instructions stated that pending the hearing and disposal of

Section 17 Application which is to be preferred by the Appellant

before the appointed Arbitrator, the disputed area of 9000 sq.ft.

shall be kept aside for the Respondent. The dispute as to the

actual area of the subject premises shall be determined by the

appointed Arbitrator. The statement is accepted.

6. Considering the agreement between the parties, the

following order is passed.:-

14-ARA-6-22.doc

(i) (Dr.) Smt. Shalini Phansalkar-Joshi (Retired

High Court Judge) is appointed as a Sole

Arbitrator to decide the disputes between the

Appellants and the Respondent.

(ii) The venue of arbitration shall be in Pune.

(iii) Offce to inform the Sole Arbitrator regarding

her appointment.

(iv) The Sole Arbitrator is requested to fle the

Disclosure Affdavit of Arbitration under Section

11(8)(i) of the Arbitration and Conciliation Act,

1996 within a period of three weeks from the

date of receipt of the notice issued by the

Registrar Judicial-I and provide copies to the

parties.

(v) The Arbitrator appointed is requested to

consider the Section 17 Application being

preferred by the Respondent herein

expeditiously.

14-ARA-6-22.doc

(vi) Parties to appear before the Sole Arbitrator on

the date fxed.

(vii) Fees of the Sole Arbitrator will be payable in

accordance with the Bombay High Court (O.S.)

Rules, 2018.

(viii) The impugned order dated 29th January 2022

shall be substituted by this order.

(ix) Arbitration Appeal No. 6 of 2022 is accordingly,

disposed of in the above terms.

(x) In view of disposal of the Arbitration Appeal,

Interim Application No. 1099 of 2022 is also

disposed of.

(xi) No costs.

[R.I. CHAGLA J.]