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Bombay High CourtMCA/822/2025disposed off

Shri Govinda Safai Kamgar Nagrik Sewa Co-Operative Soc., Amravati Thr. Rajesh S. Sharma v. Municipal Corporation Of City Of Amravati Thr. Its Commissioner, Amravati

2025-12-22Hon'Ble Shri Justice Rohit Wasudeo Joshi3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Misc. Civil Application (MCA) No.822 of 2025 Shri Govinda Safari Kamgar Nagrik Sewa Co-operative Society, Amravati through Rajesh Sharma

Versus

Municipal Corporation of City of Amravati through its Commissioner, Amravati With Misc. Civil Application (MCA) No.823 of 2025 Shri Nagrik Sewa Co-operative Society, Amravati through President Rajesh Balaramji Gupta

Versus

Municipal Corporation of City of Amravati through its Commissioner, Amravati With Misc. Civil Application (MCA) No.824 of 2025 Shri Govinda Safar Kamgar Nagrik Sewa Co-operative Society, Amravati through President Rajesh S. Sharma

Versus

Municipal Corporation of City of Amravati through its Commissioner, Amravati With Misc. Civil Application (MCA) No.825 of 2025 Shri Nagrik Sewa Co-operative Society, Amravati through President Rajesh Balaramji Gupta

Versus

Municipal Corporation of City of Amravati through its Commissioner, Amravati Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri Rahul M. Bhangde, Advocate for the applicant.

CORAM : NIVEDITA P. MEHTA, J.

DATED : 22nd DECEMBER, 2025.

Despite several opportunities having been granted to the non-applicant to appear before this Court, none has appeared on its behalf.

2.

Consequently, by order dated 12.12.2025, this Court proceeded ex parte against the non-applicant. 3.

Learned counsel appearing for the applicant has drawn the attention of this Court to Clause 36 of the agreement dated 20.07.2023, which contains an arbitration clause providing for resolution of disputes between the parties by appointment of an arbitrator. It is further submitted that a notice dated 15.09.2025 invoking the said arbitration clause was issued to the non-applicant; however, no response has been received thereto.

4.

In view of the above circumstances and upon satisfaction of the existence of an arbitration agreement between the parties, this Court deems it appropriate to appoint an arbitrator. Accordingly, Smt. Veena Tambi, Retired District Judge, is hereby appointed as the sole Arbitrator to adjudicate upon the disputes arising between the parties.

5.

The Registrar (Judicial) is directed to obtain the requisite disclosure from the learned Arbitrator in

terms of Sections 11(8) and 12(1) of the Arbitration and Conciliation Act, 1996.

6.

The applicant shall deposit a sum of Rs.10,000/- (Rupees Ten Thousand only) with the Registry of this Court towards processing charges. 7.

The disclosure/statement from the learned Arbitrator shall be called for within a period of four weeks.

8.

Stand over after four weeks.

[NIVEDITA P. MEHTA, J.] Signed by: Mr. S.K. NAIR Designation: PS To Honourable Judge Date: 22/12/2025 18:05:48