Kalpana Struct-Con Pvt. Ltd. v. Shah Group Builders And Infraprojects Ltd.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION ARBITRATION PETITION NO. 136 OF 2022 Kalpana Struct-Con Private Limited ...

Petitioner vs.

Shah Group Builders and Infraprojects Limited ...

Respondent Mr. Mayur Khandeparkar a/w. Mr. Rushabh Sheth and Mr. Pratik Poojary, i/by. Pratik Amin for petitioner Mr. Kunal Mehta a/w. Ms. Komal Patel, i/by. J. Nishar and Company for respondent.

CORAM : MANISH PITALE, J DATE : 14th DECEMBER, 2022 P.C. :

.

By this petition filed under Section 11(6) of the Arbitration and Conciliation Act, 1996, the petitioner has approached this Court for appointment of arbitrator. This is in context of a construction contract executed between the parties, which consists of an arbitration clause, which reads as follows:

"16. SETTLEMENT OF DISPUTES In the event of any dispute arises between the parties hereto either as regards to the Quality of work carried out or as regards to the interpretation of any of the terms of this agreement or in any other regards whatsoever, then the same shall be referred to a single arbitrator or if the parties do not agree upon the single arbitrator, the disputes will be referred to two arbitrators, one to be appointed by each party. The Award given by such Arbitrator/s shall be final and binding to the parties hereto. The arbitration under this clause will be arbitration under the Arbitration and Conciliation Act, 1996 or any statutory modification or re enactment thereof."

1/3

2.

In view of the disputes that arose between the parties, the petitioner invoked the arbitration clause by issuing notice dated 5th May, 2022, but, there was no response from the respondent, necessitating filing of the instant petition.

3.

Upon the respondent appearing in the present petition, a preliminary objection was raised on the ground that the contract agreement was not adequately stamped. Hence, this Court had adjourned the matter for final disposal.

4.

In the meanwhile, learned counsel for the petitioner informs this Court that the agreement was presented before the Collector of Stamps for adjudication. Appropriate order was passed thereupon and as on today, the petitioner paid the deficit stamp duty, as determined by the office of the Collector of Stamps. A copy of the certificate issued by the office of the Collector of Stamps is handed over and the same is taken on record and marked 'X'. In view of the above, the preliminary objection no longer survives.

5.

This Court is convinced that there are indeed disputes between the parties and the matter needs to be sent to an arbitrator. Learned counsel for the rival parties have agreed upon the appointment of Mr. Vaibhav Charalwar to be the sole arbitrator for resolution of disputes between the parties. 6.

In view of the above, Advocate Mr. Vaibhav Charalwar is appointed as sole arbitrator. Details of the learned arbitrator are as follows:- 2/3

Advocate Mr. Vaibhav Charalwar 3rd floor, Oval House, (C/o. Chamber of Dr. Birendra Saraf, Senior Advocate), British Hotel Lane, Nagindas Master Road, Opp. Commerce House, Fort, Mumbai-400001.

Mob. No.: 98205 12260 7.

Parties undertake to inform the learned arbitrator about the order passed today, at the earliest.

8.

The learned arbitrator is requested to submit his consent and disclosure statement in terms of Sections 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 in terms of Fourth Schedule of the said Act.

9.

All questions are left open to be decided by the learned arbitrator. 10.

Petition stands disposed of in above terms.

(MANISH PITALE, J) Priya Kambli 3/3