Alturas Infra Pvt Ltd v. Vikram Infratech Developers Pvt Ltd

2026:BHC-AS:21381

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION COMMERCIAL ARBITRATION PETITION NO.54 OF 2025 Alturas Infra Private Limited

...Petitioner

Versus

Vikram Infratech Developers Pvt. Ltd.

...Respondent

_____________________________________________________ Ms. Sumi Soman i/by Praxis Legal for the Petitioner. Mr. Arjun Amachi a/w Mr. Vinay Kadam & Ms. Srushti More i/by Amachi Legal & Co. for the Respondent.

_____________________________________________________ CORAM :

JITENDRA JAIN, J.

DATE :

30 APRIL 2026 P.C.:

1.

This petition is filed for appointment of an Arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996 ("the Act"), since there is a dispute between the parties. 2.

The arbitration is contained in clauses 19 and 22 of the award dated 13 April 2021 and sub-contract agreement dated 8 July 2021. The notice invoking the arbitration is dated 22 May 2025. Since there is an existence of arbitration agreement and there is a dispute between the parties, same is referred to the Sole Arbitrator for resolving the same.

3.

The fees of the Arbitrator will be governed by Schedule IV or Bombay High Court (Fees Payable to Arbitrator) Rules, 2018. 4.

In these circumstances, this petition is finally disposed of in terms of the following order :- A) Dr. Shyam Sunder Porwal, (VSM, Addl. DGBR, Retd.) 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 : A-14, Phase-1 Brchs Ltd., Kamal Park, Dhnaori, Pune - 411 015 Email ID : ssporwal@gmail.com Contact No. : 7002161400 .

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.

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.

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.

7.

Petition is disposed of in above terms.

[ JITENDRA JAIN, J. ] Signed by: Sayyed Saeed Ali Designation: PA To Honourable Judge Date: 06/05/2026 11:26:52