Chandan Mohanlal Mathrani Thr. Mohanlal Mathrani Construction Pvt Ltd v. Chief Engineer Pune Zone

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION ARBITRATION PETITION NO. 117 OF 2024 Chandan Mohanlal Mathrani through Mohanlal .Petitioner Mathrani Construction Pvt. Ltd.

Versus

The Chief Engineer, Pune Zone .Respondent ____________________________________________ Mr. Yuvraj P. Narvankar, for the Petitioner Mr. Kedar B. Dighe, for the Respondent ____________________________________________ CORAM : SOMASEKHAR SUNDARESAN, J.

DATE : 17.03.2025 P. C.

1.

This Petition has been filed under Section 11 of the Arbitration and Conciliation Act, 1996 ("the Act"), seeking appointment of an arbitrator in connection with disputes and differences that are said to have arisen between the parties under a Work Order dated July 29, 2015 ("Agreement"). In the interest of brevity, the arbitration agreement is not being extracted here. Suffice it to say that this matter falls within the jurisdiction of this Court. 2.

It is seen from the record that arbitration agreement was invoked by the Petitioner on January 5, 2024. The Respondent has filed

reply dated November 25, 2024 to this Petition. It can be seen from the record that the existence of the arbitration agreement is not disputed by the Respondent.

3.

Being satisfied that an arbitration agreement is validly in existence, and that arbitration has been duly invoked, it is in the fitness of things to refer the disputes and differences between the parties in connection with the aforesaid Agreement to arbitration by a Sole Arbitrator.

4.

Since the parties are in its advance stage of assessing their respective position, it is likely that no disputes may subsist or that disputes may continue in terms of the manner in which the final bill is assessed by the Respondent.

5.

In these circumstances, by consent, effect of this order is deferred by a period of six weeks from today i.e. this order shall take effect on May 13, 2025.

6.

In these circumstances, this Section 11 Petition is finally disposed of, in terms of the following order:

A] Mr. Dormaan Dalal, a Learned Advocate of this Court, is hereby appointed as the Sole Arbitrator to adjudicate upon the disputes and differences between the parties arising out of and in connection with the Agreement referred to above;

Email ID: dormaandalal@gmail.com B] A copy of this Order will be communicated to the Learned Sole Arbitrator by the Advocates for the Petitioner within a period of one week from May 13, 2025. The Petitioner shall provide the contact and communication particulars of the parties to the Arbitral Tribunal along with a copy of this Order;

C] The Learned Sole Arbitrator is requested to forward the statutory Statement of Disclosure under Section 11(8) read with Section 12(1) of the Act to the Advocates for the Petitioner so as to enable them to file the same in the Registry of this Court. The Registry of this Court shall retain the said Statement on the file of this Petition and a copy of the same shall be furnished by the Advocates for the Petitioner to the Respondent;

D] The parties shall appear before the Learned Sole Arbitrator on such date and at such place as indicated, to obtain appropriate directions with regard to conduct of the arbitration including fixing a schedule for pleadings, examination of witnesses, if any, schedule of hearings etc.

At such meeting, the parties shall provide a valid and functional email address along with mobile and landline numbers of the respective Advocates of the parties to the Arbitral Tribunal. Communications to such email addresses shall constitute valid service of correspondence in connection with the arbitration;

E] All arbitral costs and fees of the Arbitral Tribunal shall be borne by the parties equally in the first instance, and shall be subject to any final Award that may be passed by the Tribunal in relation to costs.

7.

Needless to say, nothing contained in this order is an expression of an opinion on merits of the matter or the relative strength of the parties. All issues on merits are expressly kept open to be agitated before the arbitral tribunal appointed hereby. 8.

All actions required to be taken pursuant to this order shall be taken upon receipt of a downloaded copy as available on this Court's website.

[ SOMASEKHAR SUNDARESAN, J.]