[Cites 4, Cited by 0]
Bombay High Court
Pradip Shreekrishna Narsaria vs Laxmidevi Developers on 26 March, 2026
2026:BHC-OS:7362
Neeta Sawant 903-ARBP(L)-42151-2025& ARBAP(L.)-42348-2025.docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
ARBITRATION PETITION (L.) NO. 42151 OF 2025
WITH
ARBITRATION APPLICATION (L.) NO. 42348 OF 2025
Pradip Shreekrishna Narsaria ..... PETITIONER/
APPLICANT
: VERSUS :
Laxmidevi Developers ....RESPONDENT
Mr. Karl Tamboly with Mr. Sanjeel Kadam and Mr. Soham Salvi i/b. Kadam &
Co., for the Petitioner/Applicant.
Mr. Rahul Kedar with Mr. Biswajeet Mukherjee i/b. Mr. Mandar Joshi, for
Respondent Nos.2 and 3.
Mr. Nimay Dave with Ms. Namrata Vinod, Mr. Robin Fernandes, Mr. Sukrit
Parashar and Mr. Aditya Shinde i/b. Vesta Legal, for Respondent Nos.4 and 5.
Ms. Uma Palsuledesai for SRA-Respondent Nos.6 and 7.
Mr. Kayomors Kerawalla with Ms. Shruti Indorkar i/b. Vohuman Legal, for the
Applicant in IAL-9590-2026 and IAL-9737-2026.
CORAM : SANDEEP V. MARNE, J.
DATED : 26 MARCH 2026.
P.C. :
1) These are proceedings filed under Sections 9 and 11 of the
Arbitration and Conciliation Act, 1996 (Arbitration Act) for seeking interim
measures before commencement of arbitral proceedings and for appointment of
Arbitrator.
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2) The disputes and differences between the parties have arisen out
of the Development Agreement dated 2 November 2022. Petitioners are co-
owners of the land undertaken for development by Respondent No.1-Firm.
3) As hearing of the proceedings progressed, the learned counsel
appearing for the parties, on instructions submit that Arbitral Tribunal can be
constituted for adjudication of disputes and differences between the parties.
Since the Arbitral Tribunal is being constituted, in my view, it would be
appropriate to relegate the Petitioner to the remedy under Section 17 rather
than this Court deciding the issue of interim measures at this stage.
4) Accordingly, with the consent of the parties the following order is
passed :
(A) Mr. S.J. Kathawalla, Former Judge of this Court is appointed as
sole Arbitrator to adjudicate upon the disputes and differences between
the parties. The contact details of the Arbitrator are as under :
Office Address :- 43, Free Press House, 4th Floor, 215 Free Press
Journal Marg, Nariman Point, Mumbai-21
Email ID :- [email protected]
Mobile No.:- 96191 80563
(B) A copy of this order be communicated to the learned sole
Arbitrator by the Advocate for the Petitioner/Applicant within a
period of one week from the date of uploading of this order. The
Petitioner/Applicant shall provide the contact and communication
particulars of the parties to the Arbitral Tribunal alongwith a copy of
this order.
(C) The learned sole Arbitrator is requested to forward the statutory
Statement of Disclosure under Section 11(8) read with Section
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Neeta Sawant 903-ARBP(L)-42151-2025& ARBAP(L.)-42348-2025.docx
12(1) of the Act to the parties within a period of 2 weeks from
receipt of a copy of this order.
(D) The parties shall appear before the learned sole Arbitrator on
such date and at such place as indicated by him to obtain appropriate
direction with regard to conduct of the arbitration including fixing a
schedule for pleadings, examination of witnesses, if any, schedule of
hearings etc.
(E) All arbitral costs and fees of the Arbitral Tribunal shall be borne
by the parties equally in the first instance, and shall be subject to any
final Award that may be passed by the Tribunal in relation to costs.
5) Arbitration Petition (L.) No. 42151 of 2025 is converted into
application under Section 17 of the Arbtiration Act to be decided by the
Arbitratl Tribunal on its own merits.
6) All rights and contentions of the parties, including the question of
maintainability of arbitral proceedings are expressly kept open to be raised
before the Arbitral Tribunal.
7) With the above directions, the Arbitration Application and
Arbitration Petition are disposed of.
[SANDEEP V. MARNE, J.]
Digitally
signed by
NEETA
NEETA SHAILESH
SHAILESH SAWANT
SAWANT Date:
2026.03.26
18:44:34
+0530
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