Manone India Pvt Ltd v. Maha Mumbai Metro Operation Corporation Limited

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION (L.) NO. 3792 OF 2026 WITH ARBITRATION APPLICATION (L.) NO. 7813 OF 2026 Manone India Pvt. Ltd.

...

PETITIONER/ APPLICANT : VERSUS :

Maha Mumbai Metro Operation Corporation Limited ...

RESPONDENT Mr. M.A. Khan with Mr. Hamza Shaikh,for the Petitioner-Applicant. Ms. Pinky M. Bhansali with Ms. Rajlaxmi Punjabi and Ms. Kirti Vengurlekar, for the Respondent.

CORAM : SANDEEP V. MARNE, J.

DATED : 15 APRIL 2026.

P.C :

1) These are proceedings filed under section 9 and 11 of the Arbitration and Conciliation Act, 1996 (Arbitration Act) seeking interim measures for commencement of arbitral proceedings and also for constitution of Arbitral Tribunal.

2) The disputes and differences between the parties have arisen out of Tender Agreement. Perusal of the General Conditions of Contract indicates presence of arbitration agreement in Clause-10. Though Ms. Bhansali, the learned counsel appearing for the Respondent accuses Petitioner of commission of forgery while securing the tender/contract in question, there is no dispute to the position that parties have ultimately executed the agreement. Though the tender may have 1 of

been secured by fraud, as alleged, the same has not rendered the arbitration agreement invalid. The allegation of forgery is disputed by the Petitioner. It would be appropriate to constitute Arbitral Tribunal comprising of sole arbitrator. Petitioner can be relegated to remedy under Section 17 of the Arbitration Act before the Arbitral Tribunal. Accordingly, I proceed to pass the following order : (A) Ms. Aanchal Singhania, an Advocate of this Court is hereby appointed as Sole Arbitrator to adjudicate upon the disputes and differences between the parties arising out of Tender Agreement referred to above. The contact details of the Arbitrator are as under : Office Address :- C/o. Sanjay Jain, 502, Oval House, British Hotel Lane, Nagindas Master Road, Fort, Mumbai-400 023. Email ID :- aanchal.singhania@hotmail.com Mobile No.

:- 9881723100/ Tel: 022-22624838/22644838 (B) A copy of this order be communicated to the learned sole Arbitrator by the Advocates for the Petitioner-Applicant within a period of one week from the date of upload of this order. The Petitioner-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 her 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 2 of

equal proportion and shall be subject to the final Award that may be passed by the Tribunal.

3) Arbitration Petition No. 136 of 2026 is converted into application under Section 17 of the Arbitration Act to be decided by the Arbitral Tribunal on its own merits. All issues on merits are expressly kept open to be agitated before the Arbitral Tribunal appointed as above.

4) With the above directions, the Arbitration Application and Arbitration Petition are allowed and disposed of.

[SANDEEP V. MARNE, J.] Digitally signed by NEETA SHAILESH SAWANT Date:

2026.04.17 14:12:43 +0530 NEETA SHAILESH SAWANT 3 of