Bombay High Court
Echjay Forging Industries Pvt.Ltd vs Arkade Developers Pvt.Ltd on 19 December, 2019
Author: G. S. Patel
Bench: G.S. Patel
912-ARBPL1564-19.DOC
Arun
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
ARBITRATION PETITION (L) NO. 1564 OF 2019
Echjay Forging Industries Private Limited ...Petitioner
Versus
Arkade Developers Private Limited ...Respondent
Mr Pravin Samdani, Senior Advocate, with Mr Simil Purohit, Mr
Dhaval Mehta, Mr Vikramaditya Deshmukh, Mr Krishna
Moorthy and Ms Bhakti Mehta, for the Petitioner.
Mr Darius Khambata, Senior Advocate, with Mr Rohaan Cama
and Mr Phiroze Mehta, i/b Dastur Kalambi & Associates, for the
Respondent.
CORAM: G.S. PATEL, J.
DATED: 19th December 2019 PC:-
1. Between the parties there is a Development Agreement dated 23rd December 2011 and which is to be read with a Power of Attorney dated 23rd December 2011, a Supplemental Agreement dated 3rd May 2016, another Development Agreement of 3rd May 2016, a Power of Attorney of that date, a Memorandum of Understanding dated 3rd May 2016, an Agreement dated 5th March 2018 and certain correspondence. The frst of these documents, the Development Agreement of 23rd December 2011 contains an arbitration agreement in Clause 19. Clause 23 of the second Development Agreement of 3rd May 2016 also contains an Page 1 of 5 19th December 2019 ::: Uploaded on - 21/12/2019 ::: Downloaded on - 21/12/2019 21:18:29 ::: 912-ARBPL1564-19.DOC Arbitration Agreement. The second Development Agreement is said to be supplemental to the frst. The parties agree that the rival claims and counter claims will be referred to the sole arbitration of Mr Justice RM Lodha, former Chief Justice of India.
(a) Appointment of Arbitrator: By consent, Mr Justice RM Lodha, former Chief Justice of India, is nominated to act as a Sole Arbitrator to decide the disputes and diferences between the parties arising from the documents mentioned above.
(b) Communication to Arbitrator of this order:
(i) A copy of this order will be communicated to the learned Sole Arbitrator by the Advocates for the Applicant within one week from today of the order being uploaded.
(ii) In addition, within one week of this order being uploaded, the Registry will forward an ordinary copy of this order to the learned Sole Arbitrator at the following postal and email addresses:
Arbitrator/s Mr Justice RM Lodha, former Chief Justice of India.
Address S-236, FF, Panchsheel Park
New Delhi 110 017
Landline 011-26013040
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912-ARBPL1564-19.DOC
(c) Disclosure: The learned Sole Arbitrator is requested to
forward his statement of disclosure under Section 11(8) read with Section 12(1) of the Arbitration Act to the Prothonotary and Senior Master of this Court, referencing this arbitration application, as soon as possible, and in any case sufciently in advance of his entering upon the reference to his arbitration. That statement will be retained by the Prothonotary & Senior Master on the fle of this application. Copies will be given to both sides.
(d) Appearance before the Arbitrator: Parties will appear before the learned Sole Arbitrator on such date and at such place as he nominates to obtain appropriate directions in regard to fiing a schedule for completing pleadings, etc.
(e) Contact/communication information of the parties:
Contact and communication particulars are to be provided by both sides to the learned Sole Arbitrator within one week of this order being uploaded. The information is to include a valid and functional email address.
(f ) Section 16 application: The respondent is at liberty to raise all questions of jurisdiction within the meaning of section 16 of the Arbitration Act. All contentions are left open.
(g) Interim Application/s: Page 3 of 5 19th December 2019 ::: Uploaded on - 21/12/2019 ::: Downloaded on - 21/12/2019 21:18:29 ::: 912-ARBPL1564-19.DOC (i) The present Petition under Section 9 of the
Arbitration Act will be treated, heard, and disposed of as an application under Section 17 of the Act. All afdavits fled in the Section 9 petition will be treated as afdavits fled in the Section 17 application. Liberty to apply to the learned Sole Arbitrator for leave to fle further afdavits.
(ii) Liberty to both sides parties to make an further interim application or interim applications including (but not limited to) interim applications under Section 17 of the Arbitration & Conciliation Act, 1996 before the learned Sole Arbitrator.
(iii) Any such application will be decided in such manner and within such time as the learned Sole Arbitrator deems ft.
(h) Fees. The arbitral tribunal's fees shall be as agreed before the learned Sole Arbitrator keeping in the mind the provisions of the Bombay High Court (Fee Payable to Arbitrators) Rules, 2018.
(i) Sharing of costs and fees: Parties agree that all arbitral costs and the fees of the arbitrator will be borne by the two sides in equal shares in the frst instance.
(j) Consent to an extension if thought necessary. Parties immediately consent to a further eitension of up to sii Page 4 of 5 19th December 2019 ::: Uploaded on - 21/12/2019 ::: Downloaded on - 21/12/2019 21:18:29 ::: 912-ARBPL1564-19.DOC months to complete the arbitration should the learned Sole Arbitrator fnd it necessary.
(k) Venue and seat of arbitration: Parties agree that the venue and seat of the arbitration will be in Mumbai.
2. The arbitration petition is disposed of in these terms. No costs. All contentions are kept open.
(G. S. PATEL, J) Page 5 of 5 19th December 2019 ::: Uploaded on - 21/12/2019 ::: Downloaded on - 21/12/2019 21:18:29 :::