Mumbai International Airport Limited v. Carterporter Private Limited
rajshree
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION COMMERCIAL ARBITRATION APPLICATION NO.531 OF 2025 Mumbai International Airport Ltd.
....Applicant vs.
Carterporter Private Limited ....Respondent Mr.Rahul Kamerkar a/w Aparajita Jha for the Applicant. Mr.Abhijeet Singh a/w Paarth Singh for Respondents. CORAM : BHARATI DANGRE, J DATE :
19th DECEMBER, 2025 P.C.
An attempt to resolve the disputes that have arisen between the Parties through mediation did not yield any success, as I am informed that mediation has failed.
Since the dispute has arisen between the Parties out of the Concession Agreement for Terminal No.1 and 2, as regards baggage delivery service, and the Agreement contain a clause for dispute resolution in form of Clause 22, which necessarily contemplate the dispute to be referred to Arbitrator and particularly when the arbitration has been invoked on 02/06/2025, I deem it appropriate to refer the parties to arbitration.
The learned counsel for the Respondent though seek some time by RAJSHREE KISHOR MORE Date:
2025.12.20 10:17:41 +0530 RAJSHREE KISHOR MORE 1/3
which I refused to gran, however, since it is not in dispute that the Parties are at loggerhead and the mode of resolution of the dispute is clearly provided in the Concession Agreement entered between the Parties, and when the arbitration is invoked followed by the Demand Notice issued from time to time, I deem it appropriate to appoint Mr.Hasmit Trivedi, as the Sole Arbitrator to resolve the dispute between the Parties. Hence, the following order is passed :- A] Mr.Hasmit Trivedi, 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 and in connection with the Agreement referred to above. The contact details of the arbitrator are as under :- Mobile No. :- 98205 19399 Office Address :- Chamber No.14, Kamer Building, Cawasji Patel Street, Fort, Mumbai.
Email ID :- Hasmitt@gmail.com B] A copy of this Order will be communicated to the Learned Sole Arbitrator by the Advocates for the Petitioner within a period of one week from the date on which this order is uploaded on the website of this Court. The Petitioner shall prove 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;
D] The parties shall appear before the Learned Sole Arbitrator on 2/3
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. 4.
All issues on merits are expressly kept open to be agitated before the Arbitral Tribunal appointed hereby. 5.
Commercial Arbitration Application stand disposed of. [BHARATI DANGRE, J] 3/3