Suyog Happy Homes vs Sujeet Ramesh Patil
2023 Latest Caselaw 216 Bom

          Digitally signed
          by GAURI
GAURI     AMIT
AMIT      GAEKWAD                                   1/14               906-APPL-34979-2022.doc
          Date:
GAEKWAD   2023.01.07
          17:18:26 +0530
                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    ORDINARY ORIGINAL CIVIL JURISDICTION
                                      APPEAL (L) NO.34979 OF 2022
                                                  IN
                                SUMMONS FOR JUDGMENT (L) NO.13852 OF 2021

                Sujeet Ramesh Patil               .....Appellant
                      Vs.
                Suyog Happy Homes                .....Respondent
                                                    WITH
                                         IN ITS COMMERCIAL DIVISION

                                  COMMERCIAL APPEAL (L) NO.36483 OF 2022
                                                  IN
                                SUMMONS FOR JUDGMENT (L) NO.13852 OF 2021

                Suyog Happy Homes                 .....Appellant
                      Vs.
                Sujeet Ramesh Patil             .....Respondent
                                                      ----
                Mr. Ashish Kamat a/w. Mr. Kunal Mehta, Mr. Robin Fernandes and
                Mr. Sukrit Parashar i/b. Vesta Legal for appellant in Appeal (L) No.34979 of
                2022 and for respondent in Commercial Appeal (L) No.36483 of 2022.
                Mr. Girish Godbole a/w. Mr. Kaustubh Thipsay for appellant in Commercial
                Appeal (L) No.36483 of 2022 and for respondent in Appeal (L) No.34979 of
                2022.
                                                      ----
                                                       CORAM : K. R. SHRIRAM &
                                                                 RAJESH S. PATIL, JJ.

DATED : 6th JANUARY 2023 P.C. :

1 Heard the parties. The parties have entered into consent terms

dated 6th January 2023, which is taken on record and marked "X" for

identification. The consent terms is signed by partner of plaintiff,

constituted attorney of defendant and their respective advocates.

Signatories of the parties are present in Court and identified by their

respective advocates.

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2               For ease of reference, the consent terms is scanned and

reproduced hereinbelow :




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3               Order in terms of the consent terms. All statements are accepted as

undertaking to this Court and all undertakings are also accepted.

4 The parties have agreed to refer all disputes arising out of

the present proceedings including Summary Suit No.3 of 2022 and the

Agreement for Sale dated 5th October 2017 forming subject matter of the said

suit to arbitration for effective and expeditious disposal of the same.

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Accordingly, Mr. Naushad Engineer, an Advocate practicing in this Court

(Mobile No.9821047087), is appointed as the sole Arbitrator for

adjudication of the disputes between the parties in accordance with the

consent terms.

5 Learned Arbitrator shall make his disclosure in writing under

Section 11 (8) read with Section 12 (1) of the Arbitration and Conciliation

Act, 1996 directly to the parties within 30 days of passing of the present

order.

6 Plaintiff in Summary Suit No.3 of 2022 is directed to file his

statement of claim within 21 days of obtaining such disclosure. Defendant

in the said suit is directed to file his written statement and counter claim, if

any, within 21 days of filing the said statement of claim. It is further

clarified that if Mr. Naushad Engineer is unable to provide his disclosure

under Section 11 (8) read with Section 12 (1) of the Arbitration and

Conciliation Act, 1996, the parties shall be at liberty to appoint another

person as sole Arbitrator by consent and the consent terms shall be treated

as the Arbitration Agreement. Further, in the event that the parties are

unable to arrive at a consensus regarding appointment of a sole Arbitrator

in the event that Mr. Naushad Engineer is unable to proceed with the

arbitration, the parties are at liberty to adopt all proceedings necessary for

invocation of and appointment of an Arbitrator.

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7               In view of the consent terms entered into between the parties,

both appeals and Summary Suit No.3 of 2022 stand disposed with no order

as to costs. Further, the judgment and order dated 28th September 2022

passed by this Court is set aside by consent.

8 Refund of court fees, if any, in accordance with rules.

9 It is clarified that all rights and contentions of the parties are

kept open and shall be finally adjudicated upon and decided in the

arbitration proceedings.

10 All to act on authenticated copy of this order without waiting

or insisting for a certified copy, though certified copy issuance is expedited.

(RAJESH S. PATIL, J.) (K. R. SHRIRAM, J.)

Gauri Gaekwad