Final Order 1

Order Details: Notice of Motion
Pdf Text: Order in Notice of Motion
No. 2572 of 2019
MHCC010070892019
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI.
NOTICE OF MOTION NO. 2572 OF 2019.
IN
SHORT CAUSE SUIT No.2214 of 2021.
M/s. R.R.Tupe Builders Pvt.Ltd., ….Defendant/
Applicant.
In the matter of
Alliance Sajawat Group
(Alliance Sajawat Infrasystem Pvt. Ltd. ) … Plaintiff.
V/s.
M/s. R.R.Tupe Builders Pvt.Ltd., ...Defendant.
Appearance:
Adv. for Plaintiff absent.
Adv. Sneha Ramnathan for defendant.
CORAM : SHRI. S. B. PAWAR.
JUDGE, (C.R.No.59)
DATE : 17th January, 2023.
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Order in Notice of Motion
No. 2572 of 2019
ORDER
The defendant has taken out the present Notice of
Motion to refer the parties for arbitration under Section 8 of the
Arbitration and Conciliation Act, 1996.
2. It is contended that the parties have entered into
Memorandum of Understanding dated 12.07.2017 which contains
arbitration clause. Therefore, this Court has no jurisdiction and parties
are required to be referred for arbitration. Plaintiff failed to file reply,
despite of giving sufficient opportunity.
3. Heard Ld. Advocate for defendant. Perused Notice of
Motion, supporting affidavit and the plaint.
4. The plaintiff has filed the suit to recover an amount of
Rs.2,50,000/ on the basis of terms and conditions in MOU dated
12.07.2017. Defendant along with supporting affidavit has annexed
certified copy of MOU dated 12.07.2017. Clause 8 of the MOU provides
that the provisions of the Indian Arbitration Act will apply in case of any
dispute arising between the parties. This clause indicates that there is
an arbitration agreement between the parties as contemplated in
Arbitration and Conciliation Act 1996.
5. The defendant has taken out the Notice of Motion on the
date on which it appeared in the suit and within the time limited to file
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Order in Notice of Motion
No. 2572 of 2019
its defence. Therefore, under Section 8 of the Arbitration and
Conciliation Act, as there is arbitration agreement between the parties
relating to the claim based upon the MOU dated 12.07.2017, parties
need to be referred to arbitration for resolving their dispute. Therefore,
Notice of Motion deserves to be allowed. In the result, following order
is passed:
ORDER
1. Notice of Motion No. 2572 of 2019 is made absolute in
terms of prayer clause (1).
2. Notice of Motion No. 2572 of 2019 is disposed of
accordingly.
(S.B. Pawar)
Judge,
City Civil and Sessions Court
Date.:17.01.2023 Greater Bombay (CR 59)
Declared on : 17.01.2023
Dictated on : 17.01.2023.
Transcribed on : 10.02.2023
Checked on :13.02.2023
Signed on :14.02.2023
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
14.02.2023 at 5.00 p.m. Mrs. P.R.Wagh
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (with Court
Room No.)
HHJ SHRI.S.B.Pawar,(C.R.No.59)
Judge.,City Civil & Sessions Court,
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Order in Notice of Motion
No. 2572 of 2019
Date of pronouncement of /Order 17.01.2023
Order signed by P.O. on 14.02.2023
order uploaded on 14.02.2023
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