Indira Radia And Another v. Siddhitech Developers And Another

arbp 1064 of 2014 (902).sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO.1064 OF 2014 Indira Radia and Anr.

...

Petitioners versus Sidditech Developers and Anr.

...

Respondents Mr. Akshay Patil i/by M/s. India Law Alliance, for Petitioner. Mr. Bomi Patel with Ms. Guha i/by Mr. Datta P. Dighe, for Respondent No.2. CORAM: S.J. KATHAWALLA, J.

DATE: 29th DECEMBER, 2014 ( In Chamber) P.C.:

1.

Heard the learned Advocates for the parties and by consent, the following order is passed :

(a) The disputes between the parties arising out of the Agreement annexed and marked Exhibit E to the Petition, are referred to the sole arbitration of Ms. Rajani Iyer, Senior Advocate. (b) The learned Arbitrator shall endeavour to pass her Award within a period of six months from the date of this order. (c) The parties and their Advocates shall meet the learned Arbitrator in her Chambers on 05-01-2015 at 6.00 p.m. and obtain necessary directions in the matter.

(d) The order passed by this Court (Coram : R.D.Dhanuka, J.) dated ssp 1/2

arbp 1064 of 2014 (902).sxw 30-06-2014 directing that any further third party rights created by the Respondent No.1 shall be subject to further orders passed by this Court, shall continue until further orders.

(d) The learned Advocate for the Respondent No.1 has informed the Court on instructions that no third party rights are created in respect of four flats out of 56 flats. The statement is accepted. The Advocate for the Petitioners disputes the fact that third party rights are created in respect of 52 flats as alleged.

(e) The cost of the arbitration shall initially be borne by the parties equally.

(f) All contentions of the parties are kept open. (g) The Arbitration Petition is accordingly disposed of. ( S.J.KATHAWALLA, J. ) ssp 2/2