Nalin Vallabhbhai Patel vs Atharva Realtors

Judgment text excerpt

Neeta Sawant CARAPL NO. 430 of 2025 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMMERCIAL ARBITRATION APPLICATION NO. 430 OF 2025 Nalin Vallabhbhai Patel and Another …..APPLICANTS : VERSUS : Atharva Realtors and Others ….RESPONDENTS Mr. Rohaan Cama with Mr. Manish Gala, Mr. Aayush Yadav, Mr. Minil Shah and Ms. Alpa Gala i/b Mr. Nilesh N. Gala for the Applicants. Mr. V.M. Chavda with Ms. M.V. Chavan and Ms. Reva Kulkarni for Respondent Nos. 1 and 2. Mr. Kapil Shah with Mr. Vatsal Parmar i/b M.K. Juris Associates for Respondents Nos. 3 and 4. CORAM : SANDEEP V. MARNE, J. JUDG. RESD. ON : 11 MARCH 2026. JUDG. PRON. ON : 1 APRIL 2026. JUDGMENT: 1) This Application, filed under Section 11 of the Arbitration and Conciliation Act, 1996 (Arbitration Act) for appointment of an arbitrator, raises an interesting issue as to whether an arbitrator can be appointed when the Court has expressly refused to extend the mandate of ______________________________________________________________________________________________ PAGE NO. 1 OF 33 1 APRIL 2026 Neeta Sawant CARAPL NO. 430 of 2025 the earlier arbitrator by rejecting the Petition filed under Section 29A of the Arbitration Act. The Court is thus tasked upon to decide the issue as to whether refusal by the Court to extend the mandate under Section 29A of Arbitration Act would bring to an end the very arbitral proceedings making it impermissible to appoint another arbitrator to decide the same dispute. 2) Disputes and differences between the parties have arisen out of performance of Deed of Assignment of Development Rights dated 6 December 2010. Petitioners had filed Commercial Arbitration Petition No. 1310 of 2019 under Section 9 of the Arbitration Act in this Court seeking interim measures. In tha