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2026 DAILYLAW 7945 (BOM)

Beejay Realtors Pvt Ltd v. Ms Sahyog Morya

CARBP/1029/2026 · 2026-09-09

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Judgment text

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1/3 25-CARBP-1029-2026 (OS).DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMMERCIAL ARBITRATION PETITION NO. 1029 OF 2026 Beejay Realtors Pvt Ltd ...Petitioner Versus M/s Sahyog Morya & Ors. ...Respondents _______ Mr. Ronish Mehta a/w Mr. Jerome Stephen i/b Vinod Mistry & Co., for the Petitioner. Mr. Mayur Khandeparkar a/w Mr. Akash Gupta, Mr. Rahul Shelar i/b Jeet Gandhi, for Respondent No.2. Ms. Manaswi Agrawal, for Respondent No.4. _______ CORAM : ARIF S. DOCTOR, J. DATE : 9 th SEPTEMBER, 2026 P.C. 1. The captioned Petition is filed under Section 14 of the Arbitration and Conciliation Act, 1996 seeking substitution of the Arbitrator who was appointed by this Court detailed an order dated 10 th February 2026 to adjudicate the disputes and differences between the parties. It is common ground before me that the learned Arbitrator, after entering upon reference, attempted to resolve the disputes and differences between the parties by acting as an mediator. The disputes and differences could not be resolved and it is thus that the learned Arbitrator recused himself from the hearing of the reference and it is thus that the Petition is filed. Vaibhav VAIBHAV NAMDEV BARE Digitally signed by VAIBHAV NAMDEV BARE Date: 2026.09.11 17:37:22 +0530 2/3 25-CARBP-1029-2026 (OS).DOC 2. Learned counsel for the Respondents very fairly does not oppose the appointment of a fresh Arbitrator in place and stead of the Hon’ble Mr. S. J. Vazifdar, (Former Chief Justice of Punjab and Haryana High Court). 3. Accordingly I appoint Justice Suresh C. Gupte, Former Judge of this Court to act as the Arbitrator in the matter. The details of the Arbitrator are as follows: Justice Suresh C. Gupte, Address: 43, FP House, 4 th Floor, 215, Free Press Journal Marg, Nariman Point, Mumbai-400021 Email: guptesc@gmail.com Mob. No. 9821010104 (A) A copy of this order be communicated of the learned sole Arbitrator by the Advocate for the Petitioner within a period of one week from the date of uploading of this order. The Petitioner shall provide the particulars of contact and communication of the parties to the Arbitral Tribunal along with a copy of this order. (B) The learned sole Arbitrator is requested to forward the statutory Statement of Disclosure under Section 11(8) read with Section 12(1) of the Arbitration and Conciliation Act to the parties within a period of 2 weeks from receipt of a copy of this order. (C) The parties shall appear before the learned sole Arbitrator on such date and at such place as indicated by the Learned Arbitrator, obtain appropriate direction with regard of conduct of the arbitration proceedings including fixing a schedule for pleadings, examination of witness, if any, schedule of hearing etc. Vaibhav 3/3 25-CARBP-1029-2026 (OS).DOC (D) The fees of the sole Arbitrator shall be borne by the parties on equal proportion and shall be subject to the final Award that may be passed by the Tribunal. 4. All rights and contentions of Respondent No.4 are expressly kept open. 5. I have also extended the time to deposit the original bank guarantee as recorded in paragraph 2(v) of the order dated 10 th February 2026 by a period of four weeks from today. 6. Accordingly, the Petition is disposed of. [ARIF S. DOCTOR, J.] Vaibhav