Bhujbal Constructions v. Shivranjan Towers Sahakari Grihrachana Sanstha Maryadit

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION ARBITRATION PETITION NO.264 OF 2025 Bhujbal Constructions ....Petitioner

Versus

Shivranjan Towers Sahakari Grihrachana Sanstha Maryadit ....Respondent Mr. Siddharth C. Wakankar, for Petitioner.

Mr. Ronak M. Utagikar a/w. Anand Akut & Ameya Patwardhan, for Respondent.

CORAM: SOMASEKHAR SUNDARESAN, J.

DATE : DECEMBER 24, 2025 ORDER :

1.

This Petition has been filed under Section 14 & 15 of the Arbitration and Conciliation Act, 1996 ("the Act"), seeking appointment of the substitute arbitrator.

2.

Owing to the demise of the Learned Arbitrator, the parties have reached consensus on the identity of the substitute arbitrator. In these circumstances, the Petition is hereby finally disposed of by appointing the substitute arbitrator in the following terms:- A] Retired Justice Shri. Shrikant Dattatray Kulkarni is Digitally signed by AARTI GAJANAN PALKAR Date:

2026.01.06 12:54:56 +0530 hereby appointed as the Sole Arbitrator to adjudicate upon AARTI GAJANAN PALKAR

the disputes and differences between the parties arising out of and in connection with the Agreement referred to above; The contact details of the Learned Arbitrator are as under:- Office Address : Lex Credence, Subosh Heights, Plot No.41, Shivprasad CHS., Ganeshmala, Sinhgad Road, Pune 411 030.

Email : kulkarni.shrikantd@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 today. 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 and;

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.

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.

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.]