M/S. M. R. Mutha v. Union Of India And Others

6_ARP96_23.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION ARBITRATION PETITION NO.96 OF 2023 M/s. M. R. Mutha ...

Petitioner Vs.

Union of India and others ...

Respondents Mr. Mihir S. Raje for Petitioner.

Smt. Shehnaz V. Bharucha a/w. Ms. Vaishali Chaudary i/b. A. A. Ansari for Respondents.

CORAM : MANISH PITALE, J.

DATE : MARCH 21, 2023 P.C. :

.

By this petition filed under Section 11 of the Arbitration and Conciliation Act, 1996, the petitioner is seeking appointment of arbitrator.

2.

The respondents had executed contract bearing C A No. CEPZ/ DEO/30 of 2017-18 for construction of a children's school at Ahmednagar. The contract was governed by the General Conditions of Contract, which contained an arbitration clause. 3.

It is the case of the petitioner that by letter dated 24.12.2020, completion certificate was also issued, but disputes arose as regards payment due to the petitioner. In that light, on 14.09.2022, the petitioner invoked the arbitration clause, but there was no response from the respondents.

4.

In this backdrop, the present petition came to be filed. The respondents have entered appearance through counsel and the parties have now agreed for appointment of the sole arbitrator for resolution of disputes between the parties.

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6_ARP96_23.doc 5.

As per the agreement expressed on behalf of the parties, Mr.Rakesh Kumar Agrawal, a retired Additional Director General of Central Public Works Department is appointed as the sole arbitrator. The details of the learned arbitrator are as follows:- Mr. Rakesh Kumar Agrawal A-15, Upper Ground Floor, South Extension-II, New Delhi 110 049.

Email id: rkagrawal1958@gmail.com 6.

The parties shall communicate this order to the learned arbitrator immediately.

7.

Learned Arbitrator is requested to communicate his consent and disclosure statement in terms of Section 11(8) and 12(1) of the Arbitration and Conciliation Act, 1996 to the Registrar (Judicial) of this Court, within four weeks from today.

8.

All questions are kept open.

9.

The petition stands disposed of.

(MANISH PITALE, J.) Minal Parab 2/2