Rikki Ronie Builders vs S.Savla Constructions And Anr
2022 Latest Caselaw 2055 Bom

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


                              COMMERCIAL ARBITRATION APPLICATION NO.4 OF 2019


                     Rikki Ronie Builders                                      .. Applicant
                              v/s.
                     S. Savla Constructions & Anr.                             .. Respondents



                     Ms. Radha Ved i/b. Kiran Jain for the applicant.

                     Mr. Atharva Dandekar a/w Siddharth Shenoy for the respondents.


                                                             CORAM : A. K. MENON, J.

DATED : 28TH FEBRUARY, 2022.

P.C. :

1. Both learned counsel state that the execution of the agreement

dated 6th March, 2008 is not in dispute. They both state that the

agreement is partly performed by both sides. The disputes having

arisen has invoked provisions of clause 13 of the agreement,

although the clause 13 provides for reference to three arbitrators.

2. Today it is agreed between the parties, without prejudice to the

Digitally respondents contention on insufficiency of stamp duty, that in signed by SANDHYA SANDHYA BHAGU BHAGU WADHWA WADHWA Date:

2022.03.02

17:14:00 +0530

12.carap-4-19.doc wadhwa view of the judgment to the Supreme Court in case of

Intercontinental Hotels Group (India) Pvt. Ltd. v/s. Waterline

Hotels Pvt. Ltd. [2022 SCC OnLine SC 83] a reference may be

made to a Sole Arbitrator.

3. Accordingly, I pass the following order;

(i) By consent, Dr. Abhinav Chandrachud, Advocate, is appointed

as Sole Arbitrator to adjudicate upon claims and

counter claims, if any.

(ii) The learned Arbitrator is requested to file his disclosure

statement under Section 11(8) and Section 12(1) within

four weeks with the Prothonotary and Senior Maser and

provide copies to the parties.

(iii) Parties to appear before the Sole Arbitrator on a date to be

fixed by him at his earliest convenience.

(iv) Fees payable to the Sole Arbitrator will be in accordance

with the Bombay High Court (Fee Payable to Arbitrators)

Rules, 2018.

(v) Arbitration Application is disposed in the above terms.

         (vi)       No costs.


                                                                (A. K. MENON, J.)

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