Bombay High Court
Qureshi Shaikh Munir vs Javed Qureshi S/O Shahid Ali Qureshi on 15 April, 2024
Author: Bharati Dangre
Bench: Bharati Dangre
2024:BHC-OS:6351
(34)CARBP(L)-37488-2022.doc
rajshree
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
COMMERCIAL ARBITRATION PETITION (L)NO.37488 OF 2022
WITH
INTERIM APPLICATION (L) NO.34886 OF 2023
IN
COMMERCIAL ARBITRATION PETITION (L)NO.37488 OF 2022
Qureshi Shaikh Munir ] .. Petitioner
vs.
Javed Qureshi s/o Shahid Ali Qureshi] .. Respondent
ALONGWITH COMMERCIAL ARBITRATION PETITION (L)NO.3298 OF 2024 Javed Qureshi ] .. Petitioner vs. Qureshi Shaikh Munir ] .. Respondent Mr.Sharique Nachan a/w Khurram Agboatwala and Parth Zaveri i/b Judicare Law Associates for the Petitioner. Mr.Anoshak Daver a/w Laukik Patekar i/b Dhaval Ved for Respondent Nos.1 and 2. and for the Petitioner in CARBP(L) No.3298/2024. Mr.Rushabh Sheth i/b Tejas Deshpande for Respondent Nos.3 to 5.
CORAM : BHARATI DANGRE, J
DATE : 15th April, 2024.
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(34)CARBP(L)-37488-2022.doc
P.C.
1] Two Section 9 Petitions deserve disposal in the wake of
understanding arrived between the respective counsel for the parties, that they shall take over the disputes for arbitration, since it is arbitrable one and arbitration is already invoked by Qureshi Shaikh Munir in CARBP(L) No.37488/2022.
2] My attention is invited to an order dated 05.10.2023 and in my opinion the order sufficiently protect Qureshi Shaikh Munir, as the Respondents have already deposited an amount of Rs.60,00,000/-, with the Prothonotary and Senior Master, as directed, and they have also paid an amount of Rs.2,50,000/-, from the rental amount, received under the Facility Agreement.
The Facility Agreement is informed to have come to an end on 31.03.2024, though Mr. Daver inform that attempts are made to enter into a new Facility Agreement.
Needless to state that, upon such Agreement being executed, the Petitioner Qureshi Shaikh Munir, would be entitled for his share, depending upon the terms and conditions of the Facility Agreement. 3] A consensus is expressed between the respective counsel that 2/4 ::: Uploaded on - 18/04/2024 ::: Downloaded on - 28/04/2024 15:13:03 ::: (34)CARBP(L)-37488-2022.doc respective Section 9 Petitions, shall be taken before the Arbitrator in form of Section 17, with a liberty to amend their respective pleadings and even IA(L) No.34886/2023 shall also be pressed before the Arbitrator, once appointed.
It is up to the Arbitrator to either continue with the arrangement or vary the same, depending upon the considerations placed before him by the contending parties.
4] By consent of parties Advocate Rashmin Khandekar is appointed as Sole Arbitrator to resolve the disputes between the parties. His appointment shall be subject to following terms and conditions :
The Arbitrator shall, within a period of 15 days before entering the arbitration reference forward a statement of disclosure as contemplated uunder Section 12 of the Arbitration and Conciliation Act, 1996, to the Prothonotary and Senior Master of this Court to be placed on record.
The Arbitrator, shall after entering the reference fix the date of first hearing and issue further directions as are necessary.
The Sole Arbitrator shall be entitled for the fees as per Bombay High Court (Fee Payable to Arbitrators) Rules, 2018 and the arbitral costs and fees of the Arbitrator shall be borne by the parties in equal portion and shall be subject to the final Award that may be passed by 3/4 ::: Uploaded on - 18/04/2024 ::: Downloaded on - 28/04/2024 15:13:03 ::: (34)CARBP(L)-37488-2022.doc the Tribunal.
All rights and contentions of the parties are kept open. 5] The learned counsel Mr.Daver representing the Petitioner in CARBP(L) No.3298/2024, make a categorical statement that till the Arbitral Tribunal is constituted and the learned Arbitrator take up Application under Section 17 of the Arbitration and Conciliation Act, 1996 for hearing, he shall not create third party rights in the assets for the firm which is abattoir cum meat processing plant at Malegaon, District Nashik.
Needless to state that, it is open for the parties to adopt respective stands and statement made to the above effect shall not prejudice the Petitioner.
In the wake of above, both Petitions and Interim Application stand disposed off.
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