Black Burn And Co. Pvt. Ltd. v. Union Of India

19-ARBAP-68-2020.DOCX Shephali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION APPLICATION NO. 68 OF 2020 Black Burn & Co Pvt Ltd ...Applicant

Versus

Union of India, Ministry of Railways Western Railway

...Respondent

Mr Lalit Munshi, i/b Agama Law Associates, for the Applicant. Mr Chetan Agrawal, for the Respondent.

CORAM:

G.S. PATEL, J (Through Video Conference) DATED:

PC:- 1.

Heard through video conferencing.

2.

The disputes and differences between the parties arising from the Purchase Order No. 17/2017/6022/1/88158 dated 13th December 2017 are referred to the sole arbitration of Mr Aditya Kumar Mittal, Retired Member of Engineering Railway Board (IRSE).

Shephali Mormare by Shephali Mormare Date: 2020.12.21 10:33:04 +0530

TERMS OF APPOINTMENT (a) Appointment of Arbitrator: Mr Aditya Kumar Mittal, Retired Member of Engineering Railway Board (IRSE), is hereby nominated to act as a Sole Arbitrator to decide the disputes and differences between the parties under Purchase Order No. 17/2017/6022/1/88158 dated 13th December 2017.

(b) Communication to Arbitrator of this order:

A copy of this order will be communicated to the learned Sole Arbitrator by the Advocates for the Petitioner within one week from the date this order is uploaded.

(ii) The Advocates for the Petitioner will forward an ordinary copy of this order to the learned Sole Arbitrator at the following postal and email addresses:

Arbitrator Mr Aditya Kumar Mittal, Retired Member of Engineering Railway Board (IRSE) Address Flat No. 3102, "Vanashree", Palm Beach Road, Nerul, Mumbai 400 706.

Mobile 9560527000 Email adityakumarmittal@gmail.com (c) Disclosure: The learned Sole Arbitrator is requested to forward, in hard copy or soft copy (or both), the

necessary statement of disclosure under Section 11(8) read with Section 12(1) of the Arbitration Act to Advocates for the parties as soon as possible. The Advocates for the Petitioner will arrange to file the original statement in the Registry. If the statement is forwarded in soft copy, a print out of the covering email is also to be filed in the registry.

(d) Appearance before the Arbitrator: Parties will appear before the learned Sole Arbitrator on such date and at such place as the learned Sole Arbitrator nominates to obtain appropriate directions in regard to fixing a schedule for completing pleadings, etc.

(e) Contact/communication information of the parties: Contact and communication particulars are to be provided by both sides to the learned Sole Arbitrator. The information is to include functional email addresses and mobile numbers.

(f) Section 16 application: The Respondent is at liberty to raise all questions of jurisdiction within the meaning of Section 16 of the Arbitration Act. All contentions are left open.

(g) Interim Application/s:

Liberty to the parties to make an interim application or interim applications including (but not limited to) interim applications under Section 17 of the Arbitration & Conciliation Act, 1996 before the learned Sole Arbitrator.

Any such application will be decided in such manner and within such time as the learned Sole Arbitrator deems fit.

(ii) The learned Sole Arbitrator is requested to dispose of all interim applications at the earliest.

(h) Fees: The arbitral tribunal's fees shall be governed by the Bombay High Court (Fee Payable to Arbitrators) Rules, 2018.

Sharing of costs and fees: Parties agree that all arbitral costs and the fees of the Arbitrator will be borne by the two sides in equal shares in the first instance. (j) Consent to an extension if thought necessary. Parties immediately consent to a further extension of up to six months to complete the arbitration should the learned Sole Arbitrator find it necessary.

(k) Venue and seat of arbitration: Parties agree that the venue and seat of the arbitration will be in Mumbai. (l) Procedure: These directions are not in derogation of the powers of the learned Sole Arbitrator to decide and frame all matters of procedure in arbitration. 3.

The Arbitration Application is disposed of in these terms. No costs.

4.

copy of this order.

(G. S. PATEL, J)