M/S Paramkrupa Construction Llp v. The Building Company

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION APPLICATION NO.238 OF 2025 M/s Paramkrupa Construction LLP ....Applicant V/S The Building Company ....Respondent _________ Mr. Bankim Gangar for the Applicant.

Mr. Hussain Ansari for Respondent.

__________ CORAM : SANDEEP V. MARNE, J.

DATE : 16 JANUARY 2026.

P.C.:

1.

This is an Application filed under Section 11 of the Arbitration and Conciliation Act, 1996 for appointment of Arbitrator for adjudication of disputes and differences between the parties arising out of Work Order dated 27 August 2019.

2.

I have heard Mr. Gangar, the learned counsel appearing for the Applicant and Mr. Ansari, the learned counsel appearing for the Respondent. I have considered the submissions canvassed by them. 3.

Perusal of the Work Order dated 27 August 2019 would indicate that there is an arbitration agreement between the parties in clause 27C(iv). In that view of the matter, it would be just and proper to constitute the Arbitral Tribunal by appointing a sole Arbitrator. Accordingly, with the consent of the parties Ms. Spenta Kapadia, an Advocate of this Court is appointed for adjudication of disputes and differences arising between the parties out of Work Order dated 27 August 2019.

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k 2/3 20 arbap 238.25 os.doc 4.

Accordingly, I proceed to pass the following order: A) Ms. Spenta Kapadia, an Advocate of this Court is appointed as the learned sole Arbitrator to adjudicate upon the disputes and differences between the parties arising out of the Work Order referred to above. The contact details of the learned Arbitrator are as under:

Office Address:- 29/29A, Alli Chambers, Tamarind Lane, Fort, Mumbai - 400 001.

E-mail ID:- spentahavewala@gmail.com B) A copy of this order be communicated to the learned sole Arbitrator by the Advocates for the Applicant within a period of one week from the date of uploading of this order. The Applicant shall provide the contact and communication particulars of the parties to the Arbitral Tribunal alongwith 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 Arbitration 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 by her, to obtain appropriate direction with regard to conduct of the arbitration including fixing a schedule for pleadings, examination of witnesses, if any, schedule of hearings etc.

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k 3/3 20 arbap 238.25 os.doc E) The learned sole Arbitrator shall be entitled to the fees prescribed under the Bombay High Court (Fee Payable to Arbitrators) Rules, 2018 and the arbitral costs and fees of the Arbitrator shall be borne by the parties in equal portion and shall be subject to the final Award that may be passed by the Tribunal. 5.

All issues on merits are expressly kept open to be agitated before the Arbitral Tribunal appointed as above.

6.

With the above directions, Arbitration Application is allowed and disposed of. There shall be no order as to costs. (SANDEEP V. MARNE, J.) Digitally signed by SUDARSHAN RAJALINGAM KATKAM Date:

2026.01.20 15:06:05 +0530 SUDARSHAN RAJALINGAM KATKAM 3 of