Space Matrix Design Consultants Pte Ltd. Through Its Authorised Signatory vs. East And West Builders Through Its Director Mr. Anubhav Aggarwal

IN THE SUPREME COURT OF INDIA

CIVIL ORIGINAL JURISDICTION

ARBITRATION PETITION NO. 21 OF 2017

M/S SPACE MATRIX DESIGN CONSULTANTS PTE LTD. Petitioner(s)

VERSUS

M/S EAST AND WEST BUILDERS Respondent(s)

O R D E R

Heard the learned Counsel appearing for the parties.

The present is an application under Section 11(6) of the Arbitration and Conciliation Act, 1996. The respondent points out Para 1A of the petition, which itself according to her, indicates that the dispute is between persons, who are not strictly parties to the arbitration agreement. We allow the respondent to take this point of maintainability before the Arbitrator.

By consent of parties, we appoint Hon'ble Mr. Justice V.M. Kanade, former Judge of the Bombay High Court, to enter upon the Reference and resolve the disputes between the parties.

The learned Arbitrator is at liberty to fix his remuneration etc.

The Arbitration petition is disposed of accordingly.

.......................... J. (ROHINTON FALI NARIMAN)

.......................... J. (NAVIN SINHA)

New Delhi; January 16, 2018. Digitally signed by VISHAL ANAND Date: 2018.01.19 16:57:45 IST Reason:

Signature Not Verified

ITEM NO.19 COURT NO.12 SECTION XVI -A

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Petition(s) for Arbitration (Civil) No(s). 21/2017

M/S SPACE MATRIX DESIGN CONSULTANTS PTE LTD. Petitioner(s)

VERSUS

M/S EAST AND WEST BUILDERS Respondent(s)

Date : 16-01-2018 This petition was called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN HON'BLE MR. JUSTICE NAVIN SINHA

• For Petitioner(s) Mr. Kunal Verma, AOR Ms. Yugandhara Pawar Jha, Adv. Mr. Piyush Bhardwaj, Adv. Ms. Supriya Jain, Adv.
• For Respondent(s) Mr. Aman Varma, AOR Ms. Anshula Grover, Adv. Mr. Parth Singh Chaudhari, Adv.

UPON hearing the counsel the Court made the following O R D E R

The Arbitration petition is disposed of in terms of the signed order.

Pending applications, if any, also stand disposed of.

(R. NATARAJAN) (SAROJ KUMARI GAUR) COURT MASTER (SH) COURT MASTER (Signed order is placed on the file)