Avinash Tiwari, Proprietor Of Prism Enterprises. v. Inst. Of Petroleum, Safety, Health And Env. Management, Oil And Natural Gas Corp. Ltd.,Thr. Officer

2025:BHC-GOA:1121 Suchitra

IN THE HIGH COURT OF BOMBAY AT GOA

APPLICATION FOR APPOINTMENT OF ARBITRATOR NO.16 OF 2024 MR AVINASH TIWARI, Proprietor of Prism Enterprises, 44 years of age, r/o Villa No.2, Rangavi Estate (QE), Alto Dabolim, Goa 403 801.

... APPLICANT

Versus

INSTITUTE OF PETROLEUM, SAFETY, HEALTH & ENVIRONMENT MANAGEMENT, OIL & NATURAL GAS CORPORATION LTD., through its Principal Oicer/ Authorized representative, having oice at Betul, South Goa 403723.

... RESPONDENT Ms Annelise Fernandes, Advocate for the Applicant. Mr J. A. Lobo, Advocate for the Respondent.

CORAM:

VALMIKI MENEZES, J.

DATED:

4th JULY 2025 P.C. :

1.

he above Application is iled under Section 11 of the Arbitration and Conciliation Act, 1996 (for short "the Arbitration Act") seeking the constitution of the Arbitral Tribunal to decide the disputes and diferences arising out of the Annual Maintenance Contract dated 20.03.2023.

2.

he Petitioner, by notice dated 27.06.2024 had communicated its desire to appoint an Arbitrator for deciding the

dispute referred to therein which was opposed by the Respondent in its communication dated 27.06.2024. he respondent contended that the contract has been terminated on 29.05.2024 since the same was signed on the basis of certain forged documents. he respondent has relied upon a show cause notice and various communications between the parties to contend that there is no contract between the parties nor any dispute that is arbitrable. Since there was no consensus between the parties, on whether the dispute was arbitrable, the present application has been iled before this Court.

3.

he respondent further contends that the arbitral clause contained in the Annual Maintenance Contract dated 20.03.2023 would not operate between the parties since the Petitioner despite having knowledge of the arbitration clause, in absolute abuse of process chose to ile applications before the Ministry of Micro, Small & Medium Enterprises (MSME) for the same dispute. It was further submitted by the Respondent that the Petitioner can seek remedy either by appointment of arbitrator or through MSME forum; here cannot be two dispute resolution forums simultaneously sought to agitate the dispute. 4.

All contentions raised by the respondent to oppose the application would be matters within the realm of Section 16 of the Arbitration Act, since the arbitrator has the jurisdiction to adjudicate upon his own jurisdiction, including whether he has the jurisdiction under arbitration clause. here is an arbitration clause between the parties as relected in clause 27 of the Contract.

5.

In these circumstances, the following order is passed :- (A) Mr. Justice Bharat P. Deshpande, a Retired Judge of this Court, is appointed as the Sole Arbitrator to decide upon the disputes and diferences between the Applicant and the Respondent arising out of and/or in connection with and/or in relation to the Annual Maintenance Contract dated 20.03.2023..

(B) A copy of this order will be communicated to the learned Sole Arbitrator by the Advocate for the Applicant within a period of one week from today.

(C) he learned Sole Arbitrator is requested to forward his Statement of Disclosure under Section 11 (8) read with Section 12 (1) of the Arbitration Act to the Advocate for the Applicant so as to enable him to ile the same in the Registry of this Court. he Registry of this Court shall retain the said Statement on the ile of this Application and a copy of the same shall be furnished by the Advocates for the Applicant to the Advocates for the Respondent. (D) he parties shall appear before the learned Sole Arbitrator on such date and at such place as he nominates to obtain appropriate directions with regard to ixing a schedule for completing pleadings etc. he Arbitral Tribunal shall give all further directions with reference to the arbitration and also as to how it is to proceed.

(E) Contact and communication particulars shall be provided by both sides to the learned Sole Arbitrator within a period of one week from today. his information shall include a valid and functional email address as well as the mobile numbers of the respective Advocates.

(F) he Sole Arbitrator shall charge his fees as per the 4th Schedule of the Arbitration and Conciliation Act, 1996 read with the Bombay High Court (Fee payable to Arbitrators) Rules, 2018. All the arbitral costs and the fees of the Arbitrator will be borne by the Applicant and the Respondent equally and will be subject to the inal Award that may be passed by the Tribunal.

(G) he parties have agreed that the seat of the arbitration will be in Panaji, Goa, and the venue shall be as per the directions of the arbitrator.

6.

he Application is disposed of in the aforesaid terms. here shall be no order as to costs.

7.

his order will be digitally signed by the Private Secretary/Personal Assistant of this Court. All concerned will act VALMIKI MENEZES, J.

Signed by: SUCHITRA NANDAN SINGBAL Designation: Personal Assistant Date: 08/07/2025 11:33:33