Hariom Projects Private Limited v. Union Of India

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION ARBITRATION APPEAL NO. 35 OF 2025 WITH INTERIM APPLICATION NO. 13838 OF 2025 WITH INTERIM APPLICATION (ST) NO. 134 OF 2026 Digitally signed by SHRADDHA KAMLESH TALEKAR Date:

2026.01.14 14:08:41 +0530 IN ARBITRATION APPEAL NO. 35 OF 2025 SHRADDHA KAMLESH TALEKAR WITH COMMERCIAL ARBITRATION PETITION (ST) NO. 35541 OF 2025 Hariom Projects Private Limited Through its Authorized Signatory Anil Harish Sangtani ...Appellant/Petitioner

Versus

Union of India & 4 Ors.

...Respondents

Mr. Shyam Dewani a/w. Mr. Saahil Dewani, Sachet Makhija, Saket Bansal and Adv. Aarzoo Gughlani (through VC) i/b Dewani Associates, for Appellant.

Mr. Rajsekhar Govilkar, Senior Advocate a/w. Mr. Amir Qureshi and Mr. Krishnakant Deshmukh, for Respondents.

CORAM

: SOMASEKHAR SUNDARESAN, J.

Date : January 13, 2026 ORDER :

1.

The matter was stood over to today to enable the parties to come up with names of potential arbitrators so that the proceedings could be referred to the Arbitral Tribunal, leaving it to the tribunal to deal with appropriate interlocutory arrangements as deemed necessary.

2.

The status quo arrangement obtaining as of today shall continue for a period of two more weeks. The parties shall approach the Learned Sole Arbitrator no later than January 17, 2026 at 12:00 noon, who shall then give instructions to the parties on how to proceed further. It shall be open to the Arbitral Tribunal to extend, vary or modify the interlocutory arrangements obtaining as of today. 3.

The proceedings before this Court shall be remitted to the Learned Arbitral Tribunal to be treated as an application under Section 17 of the Act.

4.

By consent of the parties, with the aforesaid directions, the Appeal is finally disposed of appointing the Learned Arbitral Tribunal in the following terms :

A] Maj. Gen. R. K. Mattu (Membership No. IL/ICA/5083), Regd. Chief Engg., Southern Command, Manekji Mehta Road, Pune 411001, 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 Appellant within a

period of one week from the date on which this order is uploaded on the website of this Court. The Appellant 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.

5.

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. 6.

In view of the disposal of the proceedings, attendant Interim Applications, if any, also stand disposed of. 7.

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.]