HIREN RAMESH DESAI AND ANR vs PADMAVATI HOUSING CORPORATION AND ORS

Judgment text excerpt

903-IAL-35087-2024-CARAPL-7901-2024 copy.docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION Digitally signed by INTERIM APPLICATION (L) NO. 35087 OF 2024 SHRADDHA SHRADDHA KAMLESH WITH KAMLESH TALEKAR TALEKAR Date: 2025.05.09 INTERIM APPLICATION (L) NO. 10103 OF 2025 13:46:59 +0530 IN COMM. ARBITRATION APPLICATION (L) NO. 7901 OF 2024 (U/s. 11 of the A & C Act, 1996) WITH INTERIM APPLICATION (L) NO. 35091 OF 2024 IN COMM. ARBITRATION PETITION NO. 313 OF 2025 Hiren Ramesh Desai Rupali Ramesh Desai ...Applicant/Petitioner(s) Versus M/s. Padmavati Housing Corporation & Ors. ...Respondent(s) Mr. Anoshak Dawar a/w. Rushin Kapadia, Rinku Valanju and Hiral Shah i/b R V Legal, for Petitioner/Applicant(s). Mr.Venkatesh Dhond, Senior Advocate a/w., Mr. Kunal Mehta, Counsel, Mr. Sukrit Parashar & Ms. Lillyan Thangkhiew i/b. Vesta Legal, for Respondent Nos. 1, 2A, 2B and 3. CORAM : SOMASEKHAR SUNDARESAN, J. Date : May 5, 2025 Oral Judgement: 1. The Application being Commercial Arbitration Application (L) No. 7901 of 2024 has been filed under Section 11 of the Arbitration and Conciliation Act, 1996 (“the Act”), seeking appointment of an arbitrator in Page 1 of 7 May 5, 2025 Shraddha 903-IAL-35087-2024-CARAPL-7901-2024 copy.docx connection with disputes and differences that are said to have arisen between the parties under an Agreement dated October 10, 2019 (“ Agreement”). The arbitration agreement is contained in Clause 19 (found at Page 60 of the Application). In the interest of brevity, the arbitration agreement is not being extracted here. Suffice it to say that this matter falls within the jurisdiction of this Court. 2. It is apparent from the record that the arbitration agreement was invoked by Applicant on October 16