Pune Mahanagar Parivahan Mahamandal Ltd Thr Its Representative Rajesh D Kudale v. Evey Trans Pvt. Ltd.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION ARBITRATION PETITION (STAMP) NO.22419 OF 2025 Pune Mahanagar Parivahan Mahamandal Ltd.

....Petitioner

Versus

OHA Commute Private Limited & Anr.

....Respondents WITH ARBITRATION PETITION NO.192 OF 2025 Pune Mahanagar Parivahan Mahamandal Ltd.

....Petitioner

Versus

Evey Trans Pvt. Ltd.

....Respondent Mr. Mihir Narurkar i/b. Kunal Patel, for Petitioner in ARBPL/22419/2025.

Mr. Shriram P. Pingle, for Petitioner in ARP/192/2025. Mr. Anshul Anjarlekar i/b. Raval Shah & Co., for Respondent in both Petitions.

CORAM: SOMASEKHAR SUNDARESAN, J.

DATE : DECEMBER 02, 2025 ORDER :

1.

These Petitions seek to modify the order of appointment of the institutional arbitration center dated March 12, 2025 in ARAST: 31630/2023 and to appoint new arbitrator.

2.

Learned Counsel for the parties jointly submit that they are agreeable to proceed to arbitration before a sole arbitrator. They also have consensus on substituting the arbitral institution with a sole

arbitrator. Party autonomy lies at the core of the Act and it is for the parties to decide who they would choose as their arbitrator. 3.

In these circumstances, taking on record the submissions made by the Advocate for the parties that they have already received consent from the Hon'ble Chief Justice of India Shri. U.U. Lalit (Retired) to act as a substitute arbitrator, the Arbitral Tribunal in the form of a sole arbitrator is appointed in the following terms :- A] Hon'ble Chief Justice of India Shri. U.U. Lalit (Retired) 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;

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 of upload of this order. 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 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.

In these circumstances, the Petition is hereby finally 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.]