Karnavati Infrastructure Pvt Ltd v. Union Of India Through General Manager Central Railway And ANR
906-ARBAP-18-2025 copy.docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
PURTI PRASAD PARAB ORDINARY ORIGINAL CIVIL JURISDICTION PURTI PRASAD PARAB Date: 2025.06.04 15:00:35 +0530 ARBITRATION APPLICATION NO. 18 OF 2025 Karnavati Infrastructure ...Applicant
Versus
Union of India through General Manager Central Railway and Anr.
...Respondents
Mr. D. K. Shrivastava a/w Mr. Sushil M. Shukla i/b Ms. Janki J. Sampat for the Applicant.
None for the Respondent.
CORAM
: SOMASEKHAR SUNDARESAN, J.
DATE : MAY 5, 2025 PC :
1.
This Application has been made seeking correction to the orders dated February 25, 2025 and March 26, 2025. Erroneously, the order despite being corrected once, has not dealt with the fact that the arbitration agreement between the parties essentially comprises three arbitrators. 2.
In these circumstances, the arbitrator identified and appointed by the order dated February 25, 2025 and March 26, 2025 shall be the nominee arbitrator on behalf of the Respondent. Learned Counsel for the Applicant submits that the Applicant has already nominated Justice (Retired) Mr.A.P.Singh, Former Judge of the Guwahati High Court. 3.
In these circumstances, the two nominee arbitrators, namely, the aforesaid nominee of the Applicant as well as the arbitrator appointed on May 5, 2025
906-ARBAP-18-2025 copy.docx February 25, 2025 and March 26, 2025 (now considered nominee arbitrator on behalf of the Respondent) shall jointly appoint the third arbitrator who shall be the presiding arbitrator. The two nominee arbitrators so appointed shall confer within a period of four weeks from the service of this order upon them and appoint the presiding arbitrator and the proceedings shall be taken up by the Arbitral Tribunal so constituted. 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.] May 5, 2025 Purti Parab