IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION

ARBITRATION PETITION NO. _____________ OF 2024

In the matter of

HAROON OBAID )
Techofirms Pvt ltd )
Cope Building, A-Wing/ 205 )
Samta Nagar, Mahim )
Bombay - 444678 ) ………………………… Petitioner
(HEREIN REFERRED TO AS ‘PETITIONER’)

Versus

NAUSHERVAN KARDAR )
Shehreen Industries )
Qasr-E-Kardar, Bunglow no. 2 )
Samar Nagar, Mahim )
Bombay - 444678 ) ………………………… Respondent
(HEREIN REFERRED TO AS ‘RESPONDENT ’)
TO

THE HON’BLE THE CHIEF JUSTICE AND

THE HON’BLE JUDGES OF THE HON’BLE

HIGH COURT OF JUDICATURE

AT BOMBAY

THE HUMBLE PETITION OF THE PETITIONER

Most Respectfully Showeth :

1. That vide agreement for sale entered into between the

petitioner and the respondent it was agreed that in case any
difference arising in respect of the contract entered a reference
shall be made to an arbitrator to be appointed by the consent of the
parties to the agreement.

2. That a copy of the said arbitration agreement dated 25th

November, 2023 is annexed hereto.

3. That the differences having arisen between the

petitioner and the respondent to the arbitration agreement,
Ms. Haya suleman was appointed as arbitrator by the consent
of the parties.

4. That the respondent did not fulfill the deal about the allotment of
the share to the petitioner.
 5. That the respondent agreed to the arbitration process without
any differences but the arbitrator does not seem to be interested id
resolving the issue as an unknown reasons.

6. That the arbitrator in terms of the agreement should have given

the award within a period of four months from the date of his
appointment.

7. That the arbitrator has failed to use all reasonable despatch in

entering and proceedings with the reference and in making an
award in the matter.

Prayer Clause :

It is therefore most respectfully prayed that the court may take

this decision in the favourable manner of both the party at, as this
Hon’ble Court deems fit and proper may be appointed to fill in
the vacancy so caused by the removal of the arbitrator.

The petitioner implies that pending final determination of the

execution proceedings and give award as it deems fit about the facts
and circumstances.

It thus may be prayed accordingly.

Masira Khatri
Advocate for the petitioner
 IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION

ARBITRATION PETITION NO. _____________ OF 2024

In the matter of

HAROON OBAID )
………………………… Petitioner

Versus

NAUSHERVAN KARDAR )
………………………… Respondent

AFFIDAVIT IN SUPPORT OF THE PETITION

I, Haroon Obaid resident of Cope Building, A-Wing/ 205, Samta Nagar,

Mahim Bombay - 444678, do hereby solemnly affirm and declare as under
that I am the petitioner in this case and hence competent to swear
this affidavit. That the contents of the accompanying application are true
and correct.

Deponent

Solemnly affirmed at Mahim, )

th
Dated on 07 day of March, 2024 )

Masira Khatri
Advocate for the petitioner
 VERIFICATION

I, Haroon Obaid do hereby declare that what is stated in this petition is true to
my own knowledge and that what is stated on information and belief are
verified at Mahim on this 07th day of March, 2024 that the contents of the
above affidavit are true and correct to my knowledge.

Solemnly affirmed at Mahim )

Dated on 07th day of March, 2024 )

Before me

Masira Khatri
Advocate for the petitioner