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Bombay High CourtCARAP/475/2025disposed off

N K Corporation v. Municipal Commissioner Of Greater Mumbai Mcgm

2025-12-11Hon'Ble Smt. Justice Bharati Dangre3 pages

1/3 948 CARAP-475-2025.doc ASHISH SAHEBRAO MHASKE Date: 2025.12.15 15:22:48 +0530 ASHISH SAHEBRAO MHASKE

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION COMM. ARBITRATION APPLICATION NO. 475 OF 2025 N K Corporation ..

Applicant

Versus

Municipal Commissioner of Greater Mumbai MCGM ..

Respondent ...

Mr. Sujit Lahoti a/w Haaris Koraidia i/b Sujit Lahoti & Associates for the Applicant.

Ms. P.H. Kantharia a/w Ms. Pooja Yadav i/b Komal Punjabi for Respondent.

CORAM: BHARATI DANGRE, J.

DATED : 11th DECEMBER 2025 P.C:- 1.

In continuation of the order dated 4/12/2025, when Ms. Kantharia, represented the MCGM, did not dispute the existence of the arbitration clause but expressed that there is possibility of a settlement, today on 11/12/2025, there is no progress.

2.

In the wake of the existence of the arbitration clause in the Tender Document for "providing multipurpose workers on contract basis for L.T.M.G. Municipal Hospital Sion (E) for a period of 3 years" and since the disputes have surfaced out of the

2/3 948 CARAP-475-2025.doc same and the arbitration having been invoked on 10/06/2025, a stage has arisen to appoint an Arbitrator.

Since there is a consensus about the fact that the dispute must go for arbitration, I deem it appropriate to pass the following order :- A] Mr. Rushab Sheth, an Advocate of this Court is hereby appointed as the Sole Arbitrator to adjudicate upon the disputes and difference between the parties arising out of an in connection with the Agreement referred to above. The contact details of the arbitrator are as under :- Office Address :- Chambers of Mr. Anoshak Daver, 20th Floor, One Infinity, Cawasji Patel Street, Fort, Mumbai-400001. Email ID :- sheth.rushabh89@gmail.com Contact No:- 9833200601 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.

3/3 948 CARAP-475-2025.doc D] The parties shall appear before the Learned Sole Arbitrator on such date and at such place as indicated by him, 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.

E] The 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. 3.

All issues on merits are expressly kept open to be agitated before the Arbitral Tribunal appointed hereby. 4.

Arbitration Application stands disposed of.

(SMT. BHARATI DANGRE, J.)