M/S United Sales Corporation Thr Represented By Its Partner Badri Mander v. Union Of India Repreented By Chief Engineer Pune Zone

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION ARBITRATION PETITION NO. 162 OF 2025 Digitally signed by SHRADDHA KAMLESH TALEKAR Date:

2025.12.01 16:11:16 +0530 SHRADDHA KAMLESH TALEKAR AND ARBITRATION PETITION NO. 163 OF 2025 M/s United Sales Corporation Represented By Its Partner Badri Mander

...Petitioner

Versus

Union Of India Represented by Chief Engineer Pune Zone & Ors.

...Respondents

Mr. Shon Gadgil, for Petitioner in both Petitions. Mr. Sagar Ambedkar a/w. Adv. Disha Nidre, for Respondent Nos. 1 to 4.

CORAM

: SOMASEKHAR SUNDARESAN, J.

Date : November 21, 2025 ORDER :

1.

The disputes and differences covered by the captioned petitions lie between the same parties and relate to two different agreements, one dated July 18, 2016 and another dated August 30, 2022. A third set of disputes relating to an agreement dated May 17, 2022 is already subject matter of arbitration proceedings before a Learned Sole Arbitrator appointed from the panel of the Respondents.

2.

In these circumstances, it is considered appropriate to refer the disputes and differences covered by the captioned Petitions to the same arbitrator in the following terms :

A] Brig. Sukhvir Sharma (Retd.) 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. The contact particulars of the arbitrator are set out below :

Office Address:-Engineer Officer, MES, A-504, Tain Square, Near HDFC Bank, Fatima Nagar, Wanowarie, Pune-411 013.

Email ID: sukhisails@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 the date on which this order is uploaded on the website of this Court. 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 parties within a period of two weeks from receipt of a copy of this Order;

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 Arbitral Tribunal in relation to costs.

3.

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. 4.

The captioned Petitions stand finally disposed of. 5.

In view of the disposal of the proceedings, attendant Interim Applications, if any, also stand disposed of. 6.

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.]