1/2 903-IA-5086-2026.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION 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 : 18 th 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 MOHAMMAD AREEB MOHD AKBAR Digitally signed by MOHAMMAD AREEB MOHD AKBAR Date: 2026.09.21 10:45:32 +0530 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: nimaydave@gmail.com Address: 1902, 20 th 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