Bombay High Court
SUBHASH AVASAREversusABHINAV CO-OP HOUSING SOCIETY LTD
- Decided
- Disposal
- DISPOSED OFF
Holding
The court ordered the disputes to be referred to arbitration and appointed Mr. Nimay Dave as sole arbitrator.
Summary
In Suit No. 198 of 2026, the plaintiff Subhash Avasare and the defendants Abhinav Co-Op. Housing Society Ltd. and others filed an interim application seeking to refer their disputes to arbitration. Both parties, through their counsel, expressed willingness to submit the matter to arbitration, subject to the society passing a formal resolution. The court noted that all issues could be raised before the arbitral tribunal and that the costs of arbitration would be borne equally by the plaintiff and the society, with the second defendant exempted from any cost liability. By mutual consent, the court appointed Mr. Nimay Dave as the sole arbitrator and directed the parties to approach him to fix a schedule. Consequently, the suit was disposed, leaving the resolution of all disputes to the arbitration proceedings and directing any court fee refund as per the rules.
Issues considered
- Whether the parties can, by consent, refer the civil suit to arbitration
- Whether the court can appoint a sole arbitrator in the absence of a pre‑existing arbitration agreement
- How the costs of arbitration should be allocated among the parties
Subjects
- Arbitration
- Consent to arbitrate
- Cost allocation
- Appointment of arbitrator
- Civil suit
- Co‑operative society resolution
Judgment
1/2 903-IA-5086-2026.DOC
Digitally
signed by
MOHAMMAD
MOHAMMAD AREEB
AREEB MOHD
AKBAR
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
MOHD
AKBAR Date:
2026.09.21
10:45:32
ORDINARY ORIGINAL CIVIL JURISDICTION
+0530
INTERIM APPLICATION NO. 5086 OF 2026
IN
SUIT NO. 198 OF 2026
Subhash Avasare ...Applicant
In the matter between:
Subhash Avasare ...Plaintiff
Versus
Abhinav Co-Op. Housing Society Ltd. & Ors. ...Defendants
_______
Mr. R. Pai a/w Mr. Sachin Mhatre, Ms. Smriti Sajeev, Mr. Roshan Reji i/b Mhatre
Law Associate for the Applicant.
Mr. Anoshak Dawar a/w Mr. Rahul Jain a/w Ms. Vishaki Bhatia for Defendant
No. 1.
_______
CORAM : ARIF S. DOCTOR, J.
DATE : 18th SEPTEMBER, 2026
P.C.
1. The matter was kept today to enable learned counsel for the parties to
take instructions as to whether their respective clients are willing to submit their
disputes and differences to Arbitration.
2. Both learned counsel, on instructions, submitted that their respective
clients are willing to submit their disputes and differences to Arbitration.
However, Respondent No. 1, being a Society, would have to pass a formal
resolution to this effect.
3. Learned counsel appearing on behalf of Respondent No. 2 submits that all
Areeb
2/2 903-IA-5086-2026.DOC
rights and contentions of the parties be left expressly open to be raised before
the Tribunal. Needless to state that this is always so.
4. It is also clarified that, insofar as the costs are concerned, learned counsel
appearing on behalf of the Petitioner and Respondent No. 1 submitted that the
costs, charges and expenses for arbitration shall be borne equally between them
and Respondent No. 2 shall not have to bear any costs, charges and expenses for
arbitration. This statement is accordingly accepted.
5. By consent of the parties, I appoint Mr. Nimay Dave, Advocate of this
Court, to act as Sole Arbitrator in the matter. The details of Mr. Dave are as
follows:
Name : Mr. Nimay Dave,
Contact: 9820886286
Email: [email protected]
Address: 1902, 20th Floor, Infinity One, 12-12C,
Cawasji Patel Street, Fort, Mumbai – 400 001.
6. On a copy of this Order being uploaded, the counsel for the parties shall
jointly approach the Arbitrator to enable him to fix a schedule for Arbitration.
7. The Suit is accordingly disposed of in the aforesaid terms, leaving all the
disputes to be raised in the arbitration.
8. Refund of Court fees, if any, to be as per the rules.
[ARIF S. DOCTOR, J.]
Areeb
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