M/S. Raghav Trader Sole Prop.Mr. Raghav Agarwal Thr. Auth.Mohsin Ismail Khan v. Union Of India And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION ARBITRATION PETITION NO. 46 OF 2020 M/s. Raghav Trader Sole Prop.

Mr. Raghav Agarwal through Authorised Mohsin Ismail Khan

...Petitioner

Vs.

Union of India and Ors.

...Respondents

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

Ms. Vaishali Choudhari, for the Respondents.

---- CORAM : MANISH PITALE, J.

DATE : 6 DECEMBER 2022 Digitally signed by MAMTA AMAR KALE Date:

2022.12.08 17:48:39 +0530 MAMTA AMAR KALE P.C.

.

The petitioner was appointed as a Contractor for executing the contract for the respondent. The details of the contract are that the contract was numbered as C A No.CENM-67 of 20152016 for 'Provn of furniture for married accommodation project for map Phase -II at Goa for 100 Officers and 208 Ors. Qtrs. (Tender ID.2015 MES 52535 1).

2.

It appears that certain disputes arose between the parties in respect of the said contract and that there is provision under the tendered document for resolution of dispute by way of

arbitration. It is on the basis of said clause that appointment of arbitrator is sought. It is pointed out that the arbitration clause was invoked by communication dated 10/5/2018 issued on behalf of the petitioner.

3.

Upon notice being issued, the respondent appeared through counsel.

4.

The parties have jointly agreed for appointment of Mr. Raghunath Prasad Tripathi, Former ADG of Military Engineering Service as a sole arbitrator to resolve the disputes between the parties.

5.

In view of the above, Mr. Raghunath Tripathi, retired ADG, Military Engineering Service, is appointed as a sole arbitrator.

6.

The details of the sole arbitrator are as follows: Mr. Raghunath Prasad Tripathi Former ADG (MES), E8/31, Basant Kunj, Area Colony, Bhopal (Madhya Pradesh) - 462 039.

Mobile No.9425138470 Email : raghunath.tripathi@gmail.com

7.

The parties to inform the learned arbitrator at the earliest about the order passed today.

8.

The learned arbitrator shall communicate his consent and disclosure statement as per Section 11(8) and 12(1) of the aforesaid Act, within four weeks from today 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. 12.

Ms. Neha Mehta MES - 186266, GE Gomantak was present today in the Court to instruct the learned counsel appearing for the respondents.

MANISH PITALE, J.