M/S. Aiyyer Environment Resource Management Private Limited And Another v. The Municipal Corporation Solapur Thr. Its Commissioner

Digitally signed by MUGDHA MANOJ PARANJAPE Date:

2024.08.27 15:10:57 +0530 MUGDHA MANOJ PARANJAPE 1 33-ARP 142-24.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION ARBITRATION PETITION NO.142 OF 2024 M/s. Aiyyer Environment Resource Management Private Limited & Anr.

... Petitioners V/s.

The Municipal Corporation Solapur, Thr. its Commissioner ... Respondent ----- Mr. Mandar Soman for the Petitioners.

Mr. Vishwanath Patil for Respondent No.1-Solapur Municipal Corporation. ----- CORAM :

ARIF S. DOCTOR, J.

DATE :

26TH AUGUST 2024 P.C. :

1.

Parties today did not dispute the existence of arbitration clause contained in Concession Agreement. They submit that though the arbitration clause provides that three arbitrators to be appointed by consent, however, they, by consent agreed to appoint the Sole Arbitrator. 2.

By consent, both Learned Counsel suggest the name of Dr. S. A. A. R. Auti, Former Principal District Judge, Solapur to appoint as the Sole

2 33-ARP 142-24.doc Arbitrator to decide the disputes and differences between the parties. Hence, I deem it fit to appoint Dr. S. A. A. R. Auti, Former Principal District Judge, Solapur as the Sole Arbitrator on the following terms :- TERMS OF APPOINTMENT (a) Appointment of Arbitrator: Dr. S. A. A. R. Auti, Former Principal District Judge, Solapur, is hereby nominated to act as a Sole Arbitrator to decide the disputes and differences between the parties.

(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 Dr. S. A. A. R. Auti, Former Principal District Judge, Solapur Address Silver Oak Apartment, Flat No.402, Basweshwar Nagar, Opposite Antrolikarnagar, Sopalur. Pin - 413003.

3 33-ARP 142-24.doc Mobile 9423016233 Email Maharashtra.saarauti@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

4 33-ARP 142-24.doc & 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 not 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 Solapur.

2.

The Petition is disposed of in these terms. No costs. (ARIF S. DOCTOR, J.)