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N. J. JAMADAR
Atul And Arkade Realty – Appellant
Versus
I. A. And I. C. Private Limited – Respondent


Advocates Appeared:
Aspi Chinoy, Advocate, Rohaan Cama, Advocate, Pranav Dessai, Advocate, Krishna Balaji Moorthy, Advocate, Shekhar Bishnoi, Advocate, Wadia Ghandy, Advocate, Mamta Sadh, Advocate, S.G.Lakhani, Advocate

JUDGMENT

1. This Application under Sec. 11 of the Arbitratnd Conciliation Act, 1996 ('the Act') is filed to appoint a retired Supreme Court or High Court Judge or any other person as a sole arbitrator to arbitrate all the disputes which have arisen in relation to a Joint Venture Agreement dtd. 28/3/2007.

2. This Application has remained pending before this Court on account peculiar facts and is taken up for hearing and disposal in view of the Order passed by the Supreme Court in Special Leave Petition (Civil) Diary No.24275 of 2021 dtd. 25/10/2021.

3. The background facts necessary for the determination of this Application are as under : The Applicant is a Partnership firm. It is engaged in the business of real estate development in Mumbai. The Respondent No.3 is a company registered under the Companies Act, 1956. Respondent Nos.1 and 2 are the subsidiary companies of Respondent No.3. Respondent Nos.1 and 2 collectively owned the lands admeasuring 22358.48 sq. meters with super structures thereon at Village Balkum, Dist. Thane ('the subject property'). The Respondent Nos.1 and 2 had leased the subject property to Respondent No.3 for a period upto 4 th April, 2007. Respondent No.3 ha

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