Surya Alloy Industries Limited v. The General Manager

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION COMMERCIAL ARBITRATION APPLICATION (L) NO. 24699 OF 2025 WITH COMMERCIAL ARBITRATION APPLICATION (L) NO. 25817 OF 2025 WITH COMMERCIAL ARBITRATION APPLICATION (L) NO. 26008 OF 2025 WITH COMMERCIAL ARBITRATION APPLICATION (L) NO. 25739 OF 2025 Surya Alloy Industries Limited ...Applicant

Versus

1. The General Manager

2. The Deputy Chief Materials Manager

...Respondents

Mr.Vishal Hegde, Aishwarya Jose and Anuja Apte i/b Samudra Legal LLP, for Applicant.

Ms Smita Thakur, for Respondent Nos. 1 and 2. CORAM : SOMASEKHAR SUNDARESAN, J.

Date : September 15, 2025 P. C.

1.

The captioned proceedings are filed under Section 11 of the Arbitration and Conciliation Act, 1996. Commercial Arbitration Application (L) No. 25817 of 2025, Commercial Arbitration Application (L) No. 26008 of 2025 and Commercial Arbitration Application (L) No. 25739 Of 2025 are not listed today. With the consent of parties, taken up for on board.

2.

Since the parties are the same in Commercial Arbitration Petition (L) No. 6657 of 2025 and an arbitrator has already been appointed in connection with the disputes and differences between them by this Court on May 9, 2025, there is consensus to proceed before the same arbitrator for these proceedings as well. Consequently, parties agree that they would proceed to arbitration by a sole arbitrator in Mumbai, in the following terms : A] Mr. Ajai Fernandes, an advocate of this Court, 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 : Office No. 2, 3rd floor, Kamanwala Chambers, Sir P.M. Road, Opp Bombay Stores, Fort, Mumbai 400 001.

Email Id : ajai.fernandes@gmail.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 parties within a period of two weeks from receipt of a copy of this Order;

Shraddha

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.

3. 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.

4.

The captioned proceedings are finally disposed of in the aforesaid terms. In view of disposal of the captioned proceedings, the attendant Interim Applications, if any, also stand disposed of. 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.] Shraddha