# HIREN RAMESH DESAI AND ANR vs PADMAVATI HOUSING CORPORATION AND ORS

Court: Bombay High Court
Date: 2025-05-05
Citation: CARAPL/7901/2024
Petitioner: HIREN RAMESH DESAI AND ANR
Respondent: PADMAVATI HOUSING CORPORATION AND ORS

[Official PDF on Bombay High Court website](https://bombayhighcourt.gov.in/bhc/file/download/eyJpdiI6IklzZ1VpM2p5YlkzZ0VYckxIUFZGakE9PSIsInZhbHVlIjoiZ2FqY0pQS0c5UEczWVAyTDRtcUl2bStacUYyT1FnK0M2WW9uR29qakQ0cHVQWnh2aktIVGtsT0lCa1FKWmlRMUNHcXNqd1ZrWkp3MkhZcDc3T0lXcXc9PSIsIm1hYyI6IjIzNWU5NjVmNmNkZjRjOGU5NGIwNGVjMzU4MzEwMGQ4OGU0ZjkwZDlmNmVhYmE3NTY4YWNhMGJhNTI2MzA1OWIiLCJ0YWciOiIifQ==?expires=1782776247&signature=b784f0938bf1b53a5142ce262878b923b6258925e641aed633b5089f611ffa06)

## 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 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 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, 2023. 3. Learned Counsel for the parties are at loggerheads about two facets of the matter. First, whether they can at all arbitrate on the premise that the claims are hopelessly by limitati

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