Global Fire Protection System v. Adeshwar Associates Nx

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMM. ARBITRATION APPLICATION NO. 14 OF 2026 Global Fire Prortection System ..... APPLICANT : VERSUS :

Adeshwar Associates NX ....RESPONDENT Mr. Nikhil Daga, for the Petitioner.

Mr. M.J. Bhatt, for the Respondent.

CORAM :

SANDEEP V. MARNE, J.

DATED : 17 MARCH 2026.

P.C. :

1) This is an application under Section 11 of the Arbitration and Conciliation Act, 1996 (Arbitration Act) for adjudication of disputes and differences arising between out of the work order in question. 2) As the hearing of the application progressed, Mr. Bhatt, the learned counsel appearing for the Respondent does not seriously dispute existence of arbitration agreement. He however submits that considering the nature of disputes between the parties, parties be referred to mediation for amicable resolution of disputes.

3) In my view, since existence of arbitration agreement is not disputed, Arbitral Tribunal of sole arbitrator can be constituted who can 1 OF

be requested to first attempt amicable resolution of disputes through mediation and thereafter proceed to conduct arbitral proceedings in the event of failure of mediation.

4) Accordingly, with the consent of the parties, following order is passed :

(A) Mr. Vishal Pattabhiraman, an Advocate of this Court is appointed as sole Arbitrator to adjudicate upon the disputes and differences between the parties arising out of work order. The contact details of the Arbitrator are as under : Office Address :- c/o. Mr. Simil Purohit, 504/505, Gundecha Chambers, Nagindas Master Road, Fort, Mumbai-400 001.

Email ID :- vishalpattabiraman@gmail.com Mobile No.:- 97734 30457 (B) A copy of this order be communicated to the learned sole Arbitrator by the Advocate 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 Act to the parties within a period of 2 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 him to obtain 2 OF

appropriate direction with regard to conduct of the arbitration including fixing a schedule for pleadings, examination of witnesses, if any, schedule of hearings etc.

(E) The fees of the sole Arbitrator shall be as 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 proportion and shall be subject to the final Award that may be passed by the Tribunal.

5) The Arbitrator is requested to first make attempt to resolve disputes between the parties through mediation before issuing directions for completion of pleadings. In the event, the disputes are resolved through mediation, costs of mediation shall be borne by the parties equally.

6) All rights and contentions of the parties are expressly kept open to be raised before the Arbitral Tribunal. 7) With the above directions, the Commercial Arbitration Application is disposed of.

Digitally signed by NEETA SHAILESH SAWANT Date:

2026.03.18 15:01:54 +0530 NEETA SHAILESH SAWANT [SANDEEP V. MARNE, J.] 3 OF