Supreme Infrastructure India Limited v. The Executive Engineer(Nur-Ii) Cidco Limited And Others

48-COARP-23--2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION IN ITS COMMERCIAL DIVISION COMMERCIAL ARBITRATION PETITION NO. 23 OF 2024 Supreme Infrastructure India Limited ... Petitioner Vs.

Vs The Executive Engineer (Nur-II) CIDCO Limited and Others .. Respondents Digitally signed by SHRADDHA KAMLESH TALEKAR Date:

2025.07.22 15:10:16 +0530 SHRADDHA KAMLESH TALEKAR Mr. Udaya Sankar Samudrala a/w. Sujit Kumar Upadhyay, Shivesh Jagdish Upadhyay, for Petitioner.

Mr. Soham Bhalerao a/w. Harshit Tyagi i/b DSK Legal, for Respondent Nos. 1 to 4-CIDCO.

CORAM : SOMASEKHAR SUNDARESAN, J.

Date : July 16, 2025 Order :

1.

This Petition has been filed under Section 11 of the Arbitration and Conciliation Act, 1996 ("the Act"), seeking appointment of an arbitrator. Reply on behalf of the Respondent is taken on record. 2.

The Respondent, namely, the Executive Engineer of CIDCO or any other Senior Officer of CIDCO shall file an affidavit confirming whether in all cases where CIDCO has signed the same standard form contract as is appended to this petition, CIDCO has refused to treat the clause as being an July 16, 2025 Shraddha

48-COARP-23--2024.doc arbitration agreement, or whether in any case CIDCO has participated in arbitration. Statistics in that respect for the last three years shall be compiled and set out in the affidavit to demonstrate the manner in which, as a policy matter, CIDCO has been treating the clause in question, namely clause No. 67 found at Pages 89 to 93 of the Petition.

3.

Let such an affidavit be filed no later than July 29, 2025. Stand over to July 30, 2025.

4.

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.] July 16, 2025 Shraddha