Bombay High Court
Vimal Construction vs Essel Ahmedabad Godhra Toll Road ... on 28 October, 2021
Author: B. P. Colabawalla
Bench: B. P. Colabawalla
22-ARBAP(L)-6964-2021.doc
GANESH
SUBHASH
LOKHANDE
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Digitally signed by
GANESH SUBHASH
LOKHANDE ORDINARY ORIGINAL CIVIL JURISDICTION
Date: 2021.10.29
15:40:50 +0530
ARBITRATION APPLICATION (L) NO. 6964 OF 2021
M/s. Vimal Construction .. Applicants
Vs.
Essel Ahmedabad Godhra
Toll Road Limited & Anr. .. Respondents
Mr.Karan Naik i/b. Mr. K. P. Shah for the Applicants.
Ms. Gauri Kadam i/b. Rubina Khan for the Respondents.
CORAM :- B. P. COLABAWALLA, J.
DATE :- 28th OCTOBER, 2021.
P. C.:
1. The above Application is filed under Section 11 of the Arbitration and Conciliation Act, 1996 (for short "the Arbitration Act") seeking the appointment of a Sole Arbitrator to decide the disputes and differences between the Applicants and the Respondents arising out of Six work orders, which are as under:
"(a) work order bearing PO Number 506214150044 dated 13th July, 2015 ,
(b) work order bearing PO Number 506214150054 dated 19th November, 2015, Ganesh Lokhande 1/5 22-ARBAP(L)-6964-2021.doc
(c) work order bearing PO Number 506214150063 dated 15th January, 2016,
(d) work order bearing PO Number 506216170024 dated 29th November, 2016,
(e) work order bearing PO Number 8612001320 dated 11th October, 2017 and
(f) work order bearing PO Number 8612002922 dated 26th March, 2018."
2. All the above work orders have an Arbitration Clause which reads thus:
" All disputes and differences arising between the parties hereto, including any disputes or difference in regard to the interpretation of any provision or term or the meaning thereof, or in regard to any claim of on party against the other or in regard and for obligations of any party or parties hereto under this Agreement or otherwise, however shall be referred to a common Arbitrator if agreed upon by all or otherwise to two or more Arbitrators, one to be appointed by each party to the dispute or difference and such Arbitration shall be governed by the provisions of the Arbitration Act, for the time being in force. The venue will be Mumbai."
3. The learned advocate appearing on behalf of the Respondents contended that there is an Arbitration Agreement between the Applicants and Respondent No.2. She, however, submitted that the Arbitration Tribunal can be constituted and the question of the Ganesh Lokhande 2/5 22-ARBAP(L)-6964-2021.doc jurisdiction of the Arbitral Tribunal qua Respondent No. 2 can be left open to be canvassed by Respondent No. 2 before the Arbitral Tribunal.
4. Both parties further agreed that Dr.Abhinav Chandrachud, an advocate of this Court, be appointed as a Sole Arbitrator to adjudicate the disputes and differences between the Applicants and the Respondents arising out of the aforesaid six work orders.
5. Considering that the stand of the parties, the following order is passed:
(a) By consent, Dr. Abhinav Chandrachud, an advocate of this Court, is hereby appointed to act as a Sole Arbitrator to decide upon the disputes and differences between the Applicants and the Respondents arising out of and/or in connection with and/or in relation to six work orders which are as under:
i. work order bearing PO Number 506214150044 dated 13th July, 2015 , ii. work order bearing PO Number 506214150054 dated 19th November, 2015, iii. work order bearing PO Number 506214150063 dated 15th January, 2016, iv. work order bearing PO Number 506216170024 dated 29th November, 2016, v. work order bearing PO Number 8612001320 dated 11th October, 2017 and Ganesh Lokhande 3/5 22-ARBAP(L)-6964-2021.doc vi. work order bearing PO Number 8612002922 dated 26th March, 2018.
(b) A copy of this order will be communicated to the learned Sole Arbitrator by the advocates for the Applicants within a period of one week from today.
(c) The learned Sole Arbitrator is requested to forward his Statement of Disclosure under Section 11 (8) read with Section 12 (1) of the Arbitration Act to the advocates for the Applicants so as to enable them to file the same in the Registry of this Court. The Registry of this Court shall retain the said Statement on the file of this Application and a copy of the same shall be furnished by the advocates for the Applicants to the advocates for the Respondents.
(d) The parties shall appear before the learned Sole Arbitrator on such date and at such place as he nominates to obtain appropriate directions with regard to fixing a schedule for completing pleadings etc. The Arbitral Tribunal shall give all further directions with reference to the arbitration and also as to how it is to proceed.
(e) Contact and communication particulars shall be provided by all sides to the learned Sole Arbitrator within a period of one week from today. This information shall include a valid and functional email address as well as mobile numbers of the respective advocates.
(f) Respondent No. 2 is at liberty to raise all questions of jurisdiction Ganesh Lokhande 4/5 22-ARBAP(L)-6964-2021.doc under Section 16 of the Arbitration Act. All contentions in that regard are expressly kept open on both sides.
(g) As far as Respondent No. 1 is concerned, the learned counsel has fairly stated that the 1st Respondent is not disputing the existence and validity of the Arbitration Agreement between the Applicants and Respondent No.1. The said statement is accepted.
(h) The parties agreed that all arbitral costs and fees of the Arbitrator will be borne by both parties equally, subject to the final Award that may be passed by the Tribunal.
(i) The parties immediately consent to a further extension of up to six months to complete the Arbitration should the learned Sole Arbitrator find it necessary.
(j) The parties have agreed that the venue and seat of the arbitration will be in Mumbai.
6. The above Section 11 Application is disposed of in the aforesaid terms. No order as to costs.
7. All parties to act on an authenticated copy of this order digitally signed by the Personal Assistant /Private Secretary/Associate of this Court.
(B. P. COLABAWALLA, J.) Ganesh Lokhande 5/5