Citizen Consultants v. Fedex Express Transporation And Suppl

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

PURTI PRASAD PARAB ORDINARY ORIGINAL CIVIL JURISDICTION PURTI PRASAD PARAB Date: 2025.06.10 11:40:17 +0530 COMM. ARBITRATION APPLICATION NO. 151 OF 2025 Citizen Consultants ...Applicant

Versus

Fedex Express Transportation and Supply

...Respondent

Mr. Dinesh Rajpurohit for the Applicant.

Advocate for the Respondent appeared but appearance not tendered.

CORAM

: SOMASEKHAR SUNDARESAN, J.

DATE : APRIL 30, 2025 PC :

1.

This Application has been filed under Section 11 of the Arbitration and Conciliation Act, 1996 ("the Act"), seeking appointment of an arbitrator in connection with disputes and differences that are said to have arisen between the parties under a Manpower Agreement dated August 2, 2017 ("Agreement"). The arbitration agreement is contained in Clause 47 (found at Page 42 of the Application). In the interest of brevity, the arbitration agreement is not being extracted here. Suffice it to say that this matter falls within the jurisdiction of this Court. 2.

Learned Counsel for the Respondent submits that the Respondent has no objection to proceed to arbitration. 3.

In these circumstances, this Application is finally disposed of in the following terms:-

A] Ms. Aneesha Cheema, Learned Advocate of this Court is hereby appointed as the Sole Arbitrator to adjudicate upon the disputes and differences between the parties;

Address : C/o Mayur Khandeparkar, 102, 1st Floor, Oval House, Old British Hotel Lane, Kala Ghoda, Fort, Mumbai - 400 001.

E-mail: aneesa.cheema@outlook.com B] A copy of this Order will be communicated to the Learned Sole Arbitrator by the Advocates for the Applicant within a period of one week from the date on which this order is uploaded on the website of this Court. The Applicant 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 Advocates for the Applicant so as to enable them to file the same in the Registry of this Court. The Registry of this Court shall retain the said Statement on the file of this Application and a copy of the same shall be furnished by the Advocates for the Applicant to the Respondent;

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 Purti Parab

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. 4.

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.

5.

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.] Purti Parab