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2018 (10) TMI 272

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..... to the Court to pass appropriate orders in that behalf including an order appointing an Arbitrator to decide the dispute(s) by an award - thus, the various disputes which have arisen between the parties including the one which is the subject matter of the writ petition/appeal be referred to the sole Arbitrator for his decision. Mr. Justice R.V. Raveendranformer Judge of this Court is requested to act as a sole Arbitrator for deciding the dispute(s), which have arisen between the parties to this appeal - appeal disposed off. - CIVIL APPEAL NO.10203 OF 2018 (Arising out of S.L.P.(c) No. 22296 of 2018) - - - Dated:- 4-10-2018 - Abhay Manohar Sapre And S. Abdul Nazeer, JJ. JUDGMENT Abhay Manohar Sapre, J. 1) Leave granted. .....

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..... tween the appellant (Company) and the State through its Authority called Maharashtra Housing and Area Development Authority (MHADA) in relation to the aforementioned land for its disposal etc. 9) The appellant (Company), therefore, in order to resolve the disputes filed a writ petition in the High Court of Bombay against the respondents (State and MHADA) out of which this appeal arises seeking appropriate mandamus or/and any other writ, order, as the case may be, for disposal of the part of the aforesaid land (plot Nos. 8 and 9). 10) The Division Bench of the High Court, by impugned order, dismissed the writ petition filed by the appellant (Company) on the ground that having regard to the nature of the reliefs and averments on which t .....

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..... to come to any mutually acceptable terms due to myriad reasons. The parties, however, requested to refer the matter to any sole Arbitrator and left it to the Court to pass appropriate orders in that behalf including an order appointing an Arbitrator to decide the dispute(s) by an award. 14) On hearing the learned counsel for the parties and keeping in view the nature of the controversy, the observations of this Court made in both the ONGC cases cited supra, the status of the parties and lastly, the mandate contained in Order 27 Rule 5 of the Code, we are of the considered opinion that the various disputes which have arisen between the parties including the one which is the subject matter of the writ petition/appeal be referred to the so .....

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