Mahalaxmi Bus Transport Pvt Ltd Thr Its Director v. Navi Mumbai Municipal Corporation Thr Its Municipal Commissioner

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION ARBITRATION PETITION NO. 186 OF 2025 Digitally signed by CHAITANYA ASHOK JADHAV Date:

2026.02.12 11:50:43 +0530 Mahalaxmi Bus Transport Pvt. Ltd. through Its Director

...Petitioner

CHAITANYA ASHOK JADHAV

Versus

Navi Mumbai Municipal Corporation through Its Municipal Commissioner

...Respondents

Mr. Abhijit Patil, for the Petitioner.

Adv. Prachi Garg a/w Ms. Sayalee Dolas i/b DSK Legal, for the Respondents.

CORAM

: SOMASEKHAR SUNDARESAN, J.

DATE : FEBRUARY 9, 2026 ORDER :

1.

Learned Advocate for parties have a consensus on proceeding before a sole arbitrator, although the arbitration agreement entails a three-member arbitral tribunal. With the consent to proceed to arbitration, this order is not being burdened with further factual details of the matter.

2.

Suffice it to say, leaving all contentions and merits open including the question under Section 16 of the Act, should the parties so

desire to raise it, the reference of the dispute covered by this Petition is thereby made to the arbitral tribunal constituted in the following terms. 3.

Since the parties are unable to agree on the identity of the arbitrator, the arbitral tribunal is constituted in the following terms:- i) Justice (Retd.) AIS Cheema, a former judge 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;

Office Address:- Email ID:

ii) A copy of this Order will be communicated to the Learned Sole Arbitrator by the Advocates for the Petitioner/Applicant within a period of one week from the date of upload of this order.

The Petitioner/Applicant shall provide the contact and communication particulars of the parties to the Arbitral Tribunal along with a copy of this Order;

iii)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;

iv) 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;

v) 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.

4.

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. 5.

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.]