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Bombay High Court

Borivali Sangram Chs Ltd vs K. T. Group Partnership Firm Dhairya ... on 18 August, 2021

Author: G.S. Patel

Bench: G.S. Patel

                                                                   23-ARBP-809-2018+.DOC




                       Arun



                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                              ORDINARY ORIGINAL CIVIL JURISDICTION
                               ARBITRATION PETITION NO. 809 OF 2018


                       Borivali Sangram Cooperative Housing Society        ...Petitioner
                       Ltd
                             Versus
                       KT Group                                          ...Respondent

WITH SUIT NO. 660 OF 2019 WITH INTERIM APPLICATION NO. 405 OF 2019 IN SUIT NO. 660 OF 2019 WITH NOTICE OF MOTION NO. 1211 OF 2019 IN SUIT NO. 660 OF 2019 WITH Digitally ARBITRATION PETITION NO. 1005 OF 2018 signed by ARUN ARUN RAMCHNDRA RAMCHNDRA SANKPAL SANKPAL Date:

WITH 2021.08.20 10:41:25 +0530 CHAMBER SUMMONS NO. 714 OF 2019 IN ARBITRATION PETITION NO. 1005 OF 2018 WITH Page 1 of 8 18th August 2021 23-ARBP-809-2018+.DOC ARBITRATION PETITION NO. 1271 OF 2018 WITH COMM ARBITRATION PETITION NO. 45 OF 2020 WITH SUIT NO. 982 OF 2018 WITH NOTICE OF MOTION NO. 1761 OF 2018 IN SUIT NO. 982 OF 2018 WITH CHAMBER SUMMONS NO. 596 OF 2019 IN SUIT NO. 982 OF 2018 WITH CONTEMPT PETITION NO. 152 OF 2019 IN SUIT NO. 982 OF 2018 WITH NOTICE OF MOTION NO. 1761 OF 2018 IN SUIT NO. 982 OF 2018 Mr Deepak Singh, i/b Solicis Lex, for the Petitioner in ARBP/809/2018 and ARBP/1271/2018. Daya Jadhav, with Sayali Puri, for Respondent No.3. Mr Vishal Kanade, with Ketki Prajapati, i/b Pramodkumar & Co, for the Plaintifs in S/660/2019.
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18th August 2021 23-ARBP-809-2018+.DOC Mr AQ Motiwala, i/b Ashvin S Bhalekar & AQ Motiwala, for Defendants Nos. 8 & 9 in S/660/2019 and for Respondent No.3 in CARBP/1005/2018.
Ms Dipti Panda, i/b Satish Raut, for the Applicant in IA/405/2020. Mr Jay Joshi, with Priyanka Rathi & Srushti Mehta, for the Plaintiff in S/982/2018 and NMS/1761/2018 and CHS/596/2019. Mr Omkar Khanvilkar, with Miloni Sanghvi, i/b M/s Solicis Lex, for Defendant No.10 in S/660/2019 and IA/405/2010 and NMS/1211/2019.
Mr Girish Godbole, with Omkar Khanvilkar, Priyanka Rathi and Srushti Mehta, i/b M/s Solicis Lex, for the Petitioner in ARBP/1005/2018 and CHS/714/2019 and for the Applicant in CARAP/45/2020.
CORAM: G.S. PATEL, J DATED: 18th August 2021 PC:-
1. List the entire group for hearing and final disposal on 6th October 2021. All Affidavits, cross Affidavits, and further Affidavits up to the stage of Rejoinder are permitted.
2. I expect the records to be correctly paginated and delivered in soft copy in PDF form following the specifications annexed to this order. The parties' advocates must coordinate among themselves to ensure that this is correctly done. I will not be taking up or handling physical paper records under any circumstances. The compiled soft copy record must be delivered to the Court Associate / Chamber staff at least 48 hours before the next scheduled date.
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18th August 2021 23-ARBP-809-2018+.DOC

3. This order will be digitally signed by the Private Secretary/Personal Assistant of this Court. All concerned will act on production of a digitally signed copy of this order.

(G. S. PATEL, J) Page 4 of 8 18th August 2021 23-ARBP-809-2018+.DOC COMPILED SOFT COPIES REQUIRED FOR FINAL HEARINGS: INSTRUCTIONS

1) Except for Testamentary matters, no final hearing matter will be taken up unless the entire record is made available in soft copy in the PDF form on a pen drive given to the Court Associate / Chamber Staff. The soft copies must be arranged according to the sequence specified during the virtual hearing in the lockdown period. These specifications are repeated below for immediate reference. The soft copies on pen drive must be submitted at least 48 hours before the schedule date of hearing.

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18th August 2021 23-ARBP-809-2018+.DOC

2) The file-naming protocol for PDF files is as follows:

EXAMPLE Fresh suit: XYZ Finance & Leasing Ltd v ABC Services Pvt Ltd & Anr with an accompanying IA are filed.
The sequential numbering should be:
01-precipe-XYZ-v-ABC.pdf 02-challan-XYZ-v-ABC.pdf 03-undertaking-XYZ-v-ABC.pdf 04-synopsis-XYZ-v-ABC.pdf 05-plaint-XYZ-v-ABC.pdf 06-plaint-exhs-XYZ-v-ABC-Vol01-ExsA-D.pdf 07-plaint-exhs-XYZ-v-ABC-Vol02-ExsE-G.pdf 08-etc 09-VN-XYZ-v-ABC.pdf 10-PoA-XYZ-v-ABC.pdf 11-BoardResolution-XYZ-v-ABC.pdf 12-OtherDocuments[describe].pdf 13-IA-XYZ-v-ABC.pdf 14-R1-AR-Affdvt.pdf 15-R1-AR-Affdvt-Ex-01.pdf 16-R2-AR-Affdvt.pdf 17-R2-AR-Affdvt-Ex-01.pdf 18-P-Rejoinder.pdf MAINTAIN THE SAME SEQUENCE AS PHYSICAL FILINGS. DO NOT START WITH THE IA AND THEN INCLUDE THE PLAINT AT VOLUME 10 ETC.
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18th August 2021 23-ARBP-809-2018+.DOC An example of a correctly sequenced set of PDF files is as follows:
3) Where written submissions have been permitted (and not otherwise), these are to be submitted in both PDF and .docx formats. Similarly, all lists of dates must be in PDF and .docx format. These should be sequentially numbered as the last PDF files in the digital record.
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18th August 2021 23-ARBP-809-2018+.DOC

4) All authorities proposed to be submitted must be in a proper compilation with an index and running page numbers. The index must refer to the running page numbers and not only internal law report page numbers. Relevant paragraph numbers must also be noted on the index. A soft copy in PDF is required of the compilation of authorities. Loose authorities tendered one after the other will not be accepted.

5) Similarly, a separate compilation of previous orders with an index and running paging is required.

DO NOT:

 INCLUDE ANY OTHER FORMATS (.odt, .eml, etc)  SEND FILES WITH LINKS TO A GOOGLE DRIVE OR OTHER CLOUD ACCOUNT. THE FILES MUST BE ON PEN DRIVES ONLY.
The endeavour is to shift to paperless hearings, starting with final hearings. All Advocates should have the same files in a commonly arranged sequence. Advocates are encouraged to avoid using paper, and may use their laptops and tablets freely.
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18th August 2021