Order 1

Order Details: Notice of Motion
Pdf Text: N/m No. 1757/18 in Suit No. 2535/17. 1 Order.
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
NOTICE OF MOTION NO. 1757 OF 2018
(CNR NO. MHCC010057552018)
IN
S. C. SUIT NO. 2535 OF 2017
(CNR NO. MHCC010103142017)
Punjalal G. Dave Realtors LLP ...Plaintiffs
Versus
Mr. Amit U. Bhanushali ...Defendants
And
Chandani Cooperative Housing Society Ltd. ...Respondents
CORAM : HIS HONOUR JUDGE
SHRI G.G.BHANSALI.
(C.R.NO.31).
DATE : 1st AUGUST, 2019.
Mr. Akshay Patil, Advocate for Plaintiff.
None for Defendants.
ORAL ORDER
This is a motion taken out by defendant for appointment of
arbitrator. It is mentioned that in view of Clause 66 of the Development
Agreement dated 31/12/2012, there is a provision of appointment of
arbitrator, if any dispute arise between the parties.
2. Perused reply submitted by plaintiff. It is averred that in
view of Section 11 of the Arbitration and Conciliation Act, 1996, the
powers are vested with the Hon'ble High Court and arbitrator cannot be
appointed by this Court.
-- 1 of 3 --
N/m No. 1757/18 in Suit No. 2535/17. 2 Order.
3. Ld. Advocate Akshay Patil for plaintiff submits that the
motion is not tenable in present form. There is no privity of contract
between plaintiff and defendant. In Commercial Arbitration Petition
No. 931/2018 between defendant no.2 and plaintiff in present suit, as
per order of the Hon'ble High Court dated 30/08/2018 advocate Mr.
Rohan Rajadhyaksha is appointed as Arbitrator.
4. It is to note that arbitrator is appointed by the Hon'ble High
Court in view of order dated 30/08/2018. Defendant may appear
before the arbitrator, as directed. Resultantly, motion deserves to be
dismissed. Hence the order :
ORDER
1. Notice of Motion No. 1757/2018 stands dismissed, no
order of cost.
2. N/m No. 1757/18 is disposed off accordingly.
(G.G.BHANSALI)
Judge,
City Civil & Sessions Court,
Date : 01/08/2019. Mumbai.
1. Dictated on : 01/08/2019.
2. Transcribed on : 08/08/2019.
3. Signed on : 19/08/2019.
4. Delivered to Certified :
Copy Section on
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
-- 2 of 3 --
N/m No. 1757/18 in Suit No. 2535/17. 3 Order.
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
19/08/2019. 1.55 p.m. Miss M.A.Kulkarni
Name of the Judge (with Court Room no.) HHJ Shri G.G.Bhansali.
(Court Room No.31).
Date of Pronouncement of Judgment/Order 01/08/2019.
Judgment/Order signed by P.O. on 19/08/2019.
Judgment/Order uploaded on 19/08/2019.
-- 3 of 3 --