M/S. Pvm Constructions Private Limited Thr. Its Dir.Mr. Partik Pradip Bera v. Union Of India And Others

40.ARP.5.2023.doc Digitally signed by SHRIKANT SHRINIVAS MALANI Date:

2023.03.10 17:34:53 +0530 SHRIKANT SHRINIVAS MALANI

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION ARBITRATION PETITION NO. 5 OF 2023 M/s. Pvm Constructions Pvt. Ltd., Through its Director, Mr. Partik Pradip Bera

...Petitioner

Versus

Union of India & Ors.

...Respondents

***  Mr. Mihir S. Raje, for Petitioner.

 Ms. Shehnaz V. Bharucha, for Respondents  Mr. Kedar B. Dighe, for Union of India.

*** CORAM : MANISH PITALE, J DATE : 09th MARCH, 2023.

P. C. :

1.

By the present petition filed under Section 11 of the Arbitration and Conciliation Act, 1996, the Petitioner is seeking appointment of an Arbitrator. The Respondents had engaged the Petitioner by way of Contract bearing No. CEPZ/PNA/35 OF 2016-17 for "Provision of Deficient Storage ACCN At NDA". The said contract was governed by "General Condition of Contract" which at clause 70, provided for resolution of disputes through arbitration. 2.

Disputes arose between the parties, as a consequence of which, by communication dated 01st January, 2022, the Petitioner invoked the Arbitration clause. It appears that no effective steps were taken by the Respondents in response to the aforementioned notice invoking the arbitration clause, as a consequence of which, the Petitioner was constrained to file the present petition. Shrikant

40.ARP.5.2023.doc 3.

The Respondents have appeared through Counsel. The parties have agreed before this Court for appointment of Mr. Arvind Kumar Arora, retired Director General (Personal), of the Military Engineering Service, as the sole Arbitrator for resolution of disputes between the parties.

4.

In view of the above, Mr. Arvind Kumar Arora, retired Director General (Personal), of the Military Engineering Service, is appointed as the sole Arbitrator. The details of the learned Arbitrator are as follows :

Mr. Arvind Kumar Arora, B-333, Chittaranjan Park, New Delhi - 110 019. Mob. No. 8130588577.

Email : arvindarora2016@gmail.com 5.

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

6.

The learned Arbitrator is requested to communicate his consent and Disclosure Statement as per Section 11(8) r/w Section 12(1) of the Aforesaid Act, within four weeks to the Registrar (Judicial) of this Court.

7.

All questions are kept open.

8.

The petition stands disposed of.

(MANISH PITALE, J.) Shrikant