1 arbp26-10g IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.4800 OF 2007 IN SUIT NO.3300 OF 2007 Varshraj Realtors Pvt. Ltd. ....Plaintiffs V/s. Sailee Developers & Ors. ....Defendants WITH NOTICE OF MOTION NO.3512 OF 2009 IN SUIT NO.2202 OF 2009 Great Deal Developers ....Plaintiffs V/s. Sailee Developers & Ors. ....Defendants WITH ARBITRATION APPLICATION NO.118 OF 2009 Sailee Developers ....Applicants V/s. M/s.Chandiwala & Anr. ....Respondents WITH ARBITRATION PETITION NO.26 OF 2010 Sailee Developers ....Petitioners V/s. M/s.Chandiwala Enterprises & Anr. ....Respondents WITH ARBITRATION PETITION (LDG.) NO.1151 OF 2010 Varshraj Realtors & Anr. ....Petitioners V/s. M/s.Sailee Developers & Ors. ....Respondents 2 arbp26-10g Mr.F.E. De’Vitre, Senior Counsel with Mr.Gautam Patel and Mr.Ruchir Tolat i/b M/s.L.C. Tolat & Co. for the Plaintiffs in Suit No.2202 of 2009 and Respondent No.1 in Arbitration Petition No.26 of 2010 and Respondent No.2 in Arbitration Application No.118 of 2009 and Respondent No.8 in Arbitration Petition (St.) N o.1151 of 2010. Mr.Birendra Saraf with Mr.Swapnil Bengur and Ms.Yogini Gada i/b M/s.Harakchand & Co. for the Plaintiffs in Suit No.3300 of 2007, Defendant No.7 in Suit No.2202 of 2009, Petitioner No.1 in Arbitration Petition (St.) No.1151 of 2010. Mr.Swapnil Bengur with Mr.H. Bhalerao for Defendant No.3 in Suit No.3300 of 2007, Defendant No.6 in Suit No.2202 of 2009 and Petitioner No.2 in Arbitration Petition (St.) No.1151 of 2010. Mr.Swapnil Bengur with Mr.Devang Shah for Defendant No.5 in Suit No. 3300 of 2007 and Defendant Nos.6, 7, 9, 12 and 15 in Suit No.2202 of 2009 and Respondent No.6 in Arbitration Petition (St.) No.1151 of 2010. Mr.Vineet Naik i/b Mr.R.N. Shetty for the Petitioner in Arbitration Petition No.26 of 2010, Defendant No.1 in Suit No.3300 of 2007 and Defendant Nos.1 to 4 in Suit No.2202 of 2009 and Applicant in Arbitration Application No.118 of 2009. Mr.R.A. Thorat, Senior Counsel i/b Mr.P.J. Thorat for Defendant No.6 in Suit No.3300 of 2007, Defendant No.10 in Suit No.2202 of 2009, Respondent No.1 in Arbitration Application No.118 of 2009, Respondent No.1 in Arbitration Petition No.26 of 2010 and Respondent No.7 in Arbitration Petition (St.) No.1151 of 2010. Mr.Satyen Vora i/b Markand Gandhi & Co. for Defendant No.4 in Suit No. 3300 of 2007 and Defendant No.8 in Suit No.2202 of 2009. Mr.Nivit Srivastava for Defendant No.11 in Suit No.2202 of 2009. Mr.P. Mani Bajpai i/b Vimla & Co. for Defendant No.13 in Suit No.2202 of 2009. CORAM : S.J. VAZIFDAR, J. DATE : 21ST OCTOBER, 2010. P.C. :- 1. All parties to the above proceedings except defendant Nos.8, Acme Sathpathy Ltd. and 11, Zoom Trade & Realty Ltd. in Suit No.2202 of 3 arbp26-10g 2009 have agreed to refer the disputes and differences between them to the sole arbitration of Smt.Justice Sujata Manohar, a former Judge of the Hon’ble Supreme Court. Defendant No.8 is also defendant No.4 in Suit No. 3304 of 2007 and respondent No.9 and Arbitration Petition (Lodging) No. 1151 of 2010. 2. Defendant Nos.8 and 11 have not signed the consent minutes of the order. Defendant No.8 has rightly objected to its inclusion in the consent minutes of the order. I have therefore, deleted the reference to defendant No.8 in the consent minutes of the order in red ink. 3. The learned counsel appearing on behalf of defendant Nos.8 and 11 in Suit No.2202 of 2009 have rightly submitted that this Court ought to clarify that the consent minutes of the order do not in any manner whatsoever affect their rights in respect of the said property. The learned counsel appearing on behalf of the other parties fairly do not even contend that anything contained in the consent minutes of the order or for that matter even in an award that may be made would or can affect the rights of any third parties including defendant Nos.8 and 11, as they are not parties to the reference to arbitration. It is also so ordered. It is also clarified that the consent minutes of the order do not purport to an indeed cannot affect any other orders that may be made by any Court in favour of or in respect of any third parties. Further the Contempt Petition adopted by defendant Nos.11 and 1 to 4 inter-alia in respect of the agreement dated 18.1.2008 will be decided on its own merits and cannot be affected by this order. 4. It is on the above basis the following order is passed. The 4 arbp26-10g above proceedings are disposed of in terms of the consent minutes of the order signed by the advocates of all the parties thereto and by the parties thereto except defendant No.10 in Suit No.2202 of 2009. Mr.Thorat, however states that he has authority from his client, defendant No.10 to sign the said consent minutes of the order. The parties are agreed to appoint Smt.Justice Sujata Manohar, a former Judge of the Hon’ble Supreme Court as a sole arbitrator. The undertakings contained in the consent minutes of the order are accepted.