Bombay High Court
Prince Housing And Hospitality Pvt. Ltd vs Ramesh Khimchand Doshi And Ors on 13 June, 2022
Author: R. I. Chagla
Bench: R. I. Chagla
TAUSEEF
LAIQUEE
FAROOQUI 26-COMS.811.2018.doc
Digitally signed by
TAUSEEF LAIQUEE
FAROOQUI IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Date: 2022.06.16
10:48:33 +0530 ORDINARY ORIGINAL CIVIL JURISDICTION
IN ITS COMMERCIAL DIVISION
COMMERCIAL SUIT NO.811 OF 2018
WITH
INTERIM APPLICATION NO.3373 OF 2021
WITH
INTERIM APPLICATION NO.8187 OF 2020
IN
COMMERCIAL SUIT NO.811 OF 2018
Prince Housing And Hospitality Pvt. Ltd. ...Applicant/Plaintiff
V/S
Ramesh Khimchand Doshi And 12 Ors. ...Defendants
WITH
COMMERCIAL ARBITRATION APPLICATION NO.100 OF 2022
Niranjana Ramesh Doshi And 6 Ors. ...Applicants
V/S
Prince Housing And Hospitality Pvt. Ltd. ...Defendants
And 2 Ors.
WITH
INTERIM APPLICATION NO.1665 OF 2022
IN
COMMERCIAL ARBITRATION APPLICATION NO.115 OF 2021
Prince Housing And Hospitality Pvt. Ltd. ...Applicant
V/S
Niranjana Ramesh Doshi And 3 Ors. ...Defendants
WITH
COMMERCIAL ARBITRATION APPLICATION NO.369 OF 2021
WITH
INTERIM APPLICATION NO. 1649 OF 2022
IN
COMMERCIAL ARBITRATION APPLICATION NO.369 OF 2021
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26-COMS.811.2018.doc
Ramesh Khimchand Doshi And 3 Ors. ...Applicants
V/S
Prince Housing And Hospitality Pvt. Ltd. ...Defendants
---------
Mr. Mayur Khandeparkar i/by Mehul A. Shah with Sandeep Jalan
for Defendant No.1 in CARBP/369/2021, CARAP/115/2021 and
CARAP/115/2021. CARAP/100/2022 and for Plaintiff in
COMS/811/2018.
Mr. Shyam Mehta, Senior Advocate a/w Mr. Akshay Annaso Patil a/
w Mr. Jarin Mukesh Doshi i/by Patrawala & Bhuvan Thakkar and
Yash Sutaria for Applicants in CARBP/100/2022 and for Petitioner
in CARBP/369/2021 and for Defendant Nos.1(a) to 1(d) and 3(a) to
3(c) in COMS/811/2018.
Mr. Jarin M. Doshi for Defendant No.9(d) in person.
CORAM : R. I. CHAGLA, J.
DATED : 13th JUNE, 2022.
P.C.
1. Mr. Shyam Mehta, learned senior counsel appearing for Defendant Nos.1(a) to 1(d) and 3(a) to 3(c) in the above Suit waives the issuance of Writ of Summons on these Defendants. This shall be taken note of by the Suit Board Department. The Advocates for these Defendants shall fle Vakalatnama within a period of one week from today.
2. The rest of the Defendants shall be served Writ of Summons as directed by this Court vide order dated 10 th June 2022.
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26-COMS.811.2018.doc
The amendment to the plaint has been carried out by bringing Defendant Nos.1(a) to 1(d) on record.
3. Mr. Mayur Khandeparkar, states that he will re-serve the papers and proceedings in Suit No.811 of 2018 on these Defendants. This shall be done forthwith.
4. These Defendants shall fle their written statement within 30 days from receiving the papers and proceedings in the above Commercial Suit. This will also apply to the other Defendants upon being served.
5. In the event, these Defendants intend to take out an Application under Section 8 of the Arbitration and Conciliation Act, 1996, to refer the subject matter in the Suit to Arbitration, they may do so on or before the next date and serve copy in advance on the Applicant/Plaintiff. It is noted that by the order dated 6 th April, 2022 passed by the Bench hearing Applications fled under Sections 11 and 9 of the Arbitration and Conciliation Act, 1996, the Section 11 Application and Section 9 Petition fled by these Defendants have been placed for hearing with the above Commercial Suit. This is upon considering that the disputes between the parties, which is Tauseef 3 of 4 26-COMS.811.2018.doc sought to be referred to an Arbitration and subject matter of the Suit has arisen from the very same Agreement for development dated 30th August 2013.
6. It is further noted in the said order dated 6 th April 2022 that so far no Application under Section 8 could be fled by the Applicants, as the suit summons is yet to be served. In view of the learned senior counsel Mr. Shyam Mehta now appearing for these Defendants, a call will have to be taken as to whether to fle an Application under Section 8 or pursue the Section 11 Application before this Court.
7. Accordingly, place the Commercial Arbitration Application (L) No.9348 of 2022 and Commercial Arbitration Petition No.369 of 2021 alongwith Commercial Suit No.811 of 2018 on 28th June 2022 (High on Board).
8. The Applicants in the Section 11 Application and in the Section 9 Arbitration Petition shall fle Affdavit-in-rejoinder on or before 24th June 2022.
(R. I. CHAGLA, J.)
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