SHREEGOPAL BARASIA vs CREATIVE HOMES

Judgment text excerpt

9-ARBP-131-2024.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION ARBITRATION PETITION NO. 131 OF 2024 Shreegopal Barasia ...Petitioner Digitally signed by Versus SHRADDHA SHRADDHA KAMLESH KAMLESH TALEKAR M/s. Creative Homes TALEKAR Date: 2025.01.08 20:42:52 & Ors. ...Respondents +0530 Mr. Mayur Khandeparkar a/w. Mr. Nishant Tripathi, Mr.Pranav Vaidya i/b M. Tripathi & Co., for Petitioner. Mr. Rohaan Cama a/w. Mr. Abhishek Adke i/b Adv. Abhishek Adke, for Respondent Nos. 1, 3 to 10. Mr. Mikhail Behl a/w. Mr. Rupesh Geete, Ms. Priya Danagt i/b Satyaki Law Associates, for respondent No. 2. CORAM : SOMASEKHAR SUNDARESAN, J. Date : January 6, 2025 Oral Judgement: 1. This is a Petition under Section 11 of the Arbitration and Conciliation Act, 1996 (“the Act”) seeking to refer disputes and differences that have arisen between the parties in connection with an agreement dated February 19, 2007, and another deed dated August 14, 2015 (which cancelled the agreement dated February 19, 2007). Page 1 of 12 January 6, 2025 Shraddha 9-ARBP-131-2024.doc 2. The arbitration agreement contained in each of the aforesaid instruments is identical in terms, and reads thus : 15 In case any dispute or difference arise between the parties hereto in regard to the said project or in regard to the construction and/ or interpretation of any of the clauses herein contained then the same shall be referred to the sole arbitrator as per the provisions of the Arbitration and Conciliation Act, 1996. The Venue of the arbitration shall be Navi Mumbai and language English. [Emphasis Supplied] 3. Each of these clauses relates to disputes and differences in connection with the construction or interpretation of any of the clauses of the respective instrument. The venue of the arbitrati