Hitech Constructions and RepairsversusCuffe Parade Sainara Premises Co-operative Society Limited

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                      AGK
                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   ORDINARY ORIGINAL CIVIL JURISDICTION

                                  ARBITRATION APPLICATION NO.413 OF 2026

                      Hitesh Constructions & Repairs & Ors.         … Applicants
                                 V/s.
ATUL                  Cuffe Parade Sainara Premises Coop.
GANESH
KULKARNI
                      Housing Society Limited                       … Respondent
Digitally signed by
ATUL GANESH
KULKARNI
Date: 2026.10.07
17:34:02 +0530
                      Mr. Aloukik R. Pai with Mr. Avadhut V. Patil for the
                      Applicant.
                      Mr. Mohanish S. Ghatge for Respondent No.1.


                                                  CORAM       : AMIT BORKAR, J.

                                                  DATED       : OCTOBER 7, 2026
                      P.C.:
                      1.      The present Application has been filed under Section 11 of
                      the Arbitration and Conciliation Act, 1996 (“the Act”), seeking the
                      appointment of an Arbitrator for adjudication of the disputes and
                      differences stated to have arisen between the parties under an
                      Agreement dated 9 January 2023. The arbitration agreement
                      between the parties is contained in Clause 31 of the said
                      Agreement, a copy whereof is placed at page 45 of the Application.
                      In the interest of brevity, the said arbitration clause is not
                      reproduced herein. It would suffice to observe that the present
                      Application falls within the jurisdiction of this Court.

                      2.      The record indicates that the Applicant invoked the
                      arbitration agreement by issuing a notice dated 3 June 2026, a
                      copy of which is at pages 58 to 64 of the Application.




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3.    Upon perusal of the material placed on record, it is evident
that the arbitration agreement has been duly invoked by the
Applicant.

4.    This Court is satisfied that a valid and subsisting arbitration
agreement exists between the parties and that the said agreement
has been duly invoked. It would, therefore, be appropriate to refer
the disputes and differences arising out of or in connection with
the aforesaid Agreement dated 9 January 2023 to the arbitration
before a Sole Arbitrator.

5.    In the aforesaid circumstances, the present Application under
Section 11 of the Act, is deserved to be disposed of in terms of the
following order:

      A)     Mr. Aman Saraf, an Advocate is hereby appointed as
      the Sole Arbitrator to adjudicate upon the disputes and
      differences between the parties arising out of and in
      connection with the Agreement referred to above;

      Office Address:- C/o. Mr. Rohan Savant, Room No.62, 5th
      Floor, Ali Chambers, Tamarind Lane, Fort, Mumbai 400 001

      Email: [email protected]

      B)     A copy of this Order will be communicated to the
      Learned Sole Arbitrator by the Advocates for the Applicant
      within a period of one week from today. The Applicant shall
      provide the contact and communication particulars of the
      parties to the Arbitral Tribunal along with a copy of this
      Order;




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C)      The Learned Sole Arbitrator is requested to forward the
statutory Statement of Disclosure under Section 11(8) read
with Section 12(1) of the Act to the Advocates for the
Applicant so as to enable them to file the same in the
Registry of this Court. The Registry of this Court shall retain
the said Statement on the file of this Applicant and a copy of
the same shall be furnished by the Advocates for the
Applicant to the Advocates for the Respondent;

D)      The Learned Sole Arbitrator is requested to forward the
statutory Statement of Disclosure under Section 11(8) read
with Section 12(1) of the Act to the parties within a period
of two weeks from receipt of a copy of this Order;

E)      The parties shall appear before the Learned Sole
Arbitrator on such date and at such place as may be
indicated by the Learned Sole Arbitrator, for obtaining
appropriate directions with regard to the conduct of the
arbitral proceedings, including fixing the schedule for filing
of pleadings, examination of witnesses, if any, and dates of
hearing. At such meeting, the parties shall furnish to the
Arbitral Tribunal valid and functional email addresses,
together with the mobile and landline telephone numbers of
their respective Advocates. Communications sent to the said
email     addresses    shall       constitute   valid     service       of
correspondence in connection with the arbitral proceedings.

F)      All arbitral costs and fees of the arbitration and of the
Arbitral Tribunal shall be borne by the parties equally in the




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     first instance. The same shall, however, remain subject to any
     final Award that may be passed by the Arbitral Tribunal in
     relation to costs.

6.    The Learned Sole Arbitrator shall be at liberty to adjudicate
upon the claims and counterclaims, if any, and to determine all
questions relating to merits, in accordance with law.


7.    All actions required to be taken pursuant to this order shall
be taken upon receipt of a downloaded copy as available on this
Court’s website.

8.    The Commercial Arbitration Application stands disposed of
in above terms.

                                            (AMIT BORKAR, J.)




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