M/S. Patel Construction Co., Thr. Its Prop. Mr. Pankaj Patel v. Union Of India And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION ARBITRATION PETITION NO. 28 OF 2021 M/s. Patel Construction Co., through its Prop. Mr. Pankaj Patel

...Petitioner

Vs.

Union of India and Ors.

...Respondents

---- Mr. Mihir S. Raje, for the Petitioner.

Ms. Savita Ganoo a/w. Ms. Smita Thakur, for the Respondents. ---- CORAM : MANISH PITALE, J.

DATE : 28 FEBRUARY 2023 Digitally signed by MAMTA AMAR KALE Date:

2023.03.02 13:04:04 +0530 MAMTA AMAR KALE P.C.

.

By this petition, filed under Section 11 of the Arbitration and Conciliation Act, 1996, the petitioner is seeking appointment of a sole arbitrator for resolution of disputes between the parties.

2.

The petitioner was engaged by the respondents as regards contract bearing No.CEPZ/MUM/33 OF 2011-2012 for augmentation of water supply for Bambolim, Ponda and Madgaon, Goa.

3.

The said contract as per the tender conditions contained an arbitration clause for resolution of disputes between the parties by

a sole arbitrator.

4.

Upon disputes arising between the parties, the petitioner invoked the arbitration clause by notice dated 25/9/2017, but there was no response from the respondents, necessitating filing of the present petition.

5.

Upon the respondents being served, they have appeared through counsel. A name from the panel of arbitrators maintained by the Ministry of Defence is suggested, to which the petitioner has no objection. Therefore, by consent of the parties, Shri. Prakash Makhijani, Retired Joint Director General (Civil) from the Military Engineering Service is appointed as a sole arbitrator for resolution of disputes between the parties. 6.

The details of the learned arbitrator as as follows. Mr. Prakash Makhijani Flat A-206, N. R. Royal Manor Apartment, Royal Enclave, Srirampura, P.O. Jakkur, Bangalore - 560 064.

Mobile No. 9422524387 Email : prakash.makhijani1959@yahoo.com 7.

The parties undertake to inform the learned arbitrator immediately about the order passed today.

8.

The learned arbitrator is requested to communicate his consent and disclosure statement as per Section 11(8) and 12(1) of the aforesaid Act, within four weeks to the Registrar (Judicial) of this Court. The fees of the learned arbitrator shall be as per schedule IV to the said Act.

9.

All contentions of the parties are kept open. 10.

The petition stands disposed of, in aforesaid terms. MANISH PITALE, J.