Hasmukh Hirani Proprietor Of Hirani Enterprises v. Container Corporation Of India Limited

Renuka 30-ARBAP-89-2026

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION APPLICATION NO. 89 OF 2026 Hasmukh Hirani Proprietor of Hirani Enterprises ...Applicant V/s.

Container Corporation of India Limited

...Respondent

________________ Ms. Shilpa Kapil with Ms. Vishwabharti Devkhile for Applicant. Mr. T. J. Pandian (Through VC) with Mr. Gautam Modanwal and Mr. Prasad Sawant for Respondent.

________________ CORAM: SANDEEP V. MARNE, J.

DATED: 1 APRIL 2026.

P.C.:

1) This is an Application filed under Section 11 of the Arbitration and Conciliation Act, 1996 (the Arbitration Act) for appointment of Arbitrator for adjudication of disputes and differences between the parties arising out of Agreement/Contract dated 18 September 2013.

2) I have heard Ms. Kapil, the learned counsel appearing for the Applicant and Mr Pandian, the learned counsel appearing for the Respondent.

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Renuka 30-ARBAP-89-2026 3) Mr. Pandian fairly admits existence of Arbitration clause. Both, Ms. Kapil and Mr. Pandian, on instructions, of their clients have suggested name of Mr. G.S. Hegde, Senior Advocate practicing in this Court for being appointed as the sole Arbitrator. Mr. Pandian has however urged that all objections including that of limitation be kept open for being agitated before the Arbitral Tribunal. 4) Accordingly I proceed to pass following order:- (A) Mr. G. S. Hegde, Senior Advocate of this Court is appointed as sole Arbitrator to adjudicate upon the disputes and differences between the parties arising out of Agreement/Contract dated 18 September 2013. The contact details of the Arbitrator are as under : Office Address : Shri. Krishna Niwas, 2nd Floor, Resham Bazar, Kalbadevi Road, Mumbai- 400002 Email id :

pmbhansali5@yahoo.com Contact No.

9820352933 (B) A copy of this order be communicated to the learned sole Arbitrator by the Advocates for the Applicant within a period of one week from the date of uploading of this order. The Applicant shall provide the contact and communication particulars of the parties to the Arbitral Tribunal alongwith a copy of this order. 2 of

Renuka 30-ARBAP-89-2026 (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 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 fees of the sole Arbitrator shall be as 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.

5) All rights and contentions of the parties, including the objection of limitation, are expressly kept open to be agitated before the Arbitral Tribunal.

6) With the above directions, the Application is disposed of. [SANDEEP V. MARNE, J.] 3 of