Allowed

M/S. United Sales Corporation Thr. Its Partners Mr.Badri R. Mander and Another v. Union of India and Others

Bombay HC17 Nov 2022ARP/52/2022

Case brief

AI extract

What is this about?

This arbitration petition was decided upon appointment of a sole arbitrator. The court, noting that the original contract clause was incompatible with Section 12(5) of the 1996 Act, accepted the parties' agreement to appoint Shri Raghunath Prasad Tripathi, a retired ADG of MES, and directed him to file a consent and disclosure statement.

What did the court decide?

Appointment of Shri Raghunath Prasad Tripathi as sole arbitrator and directions to fix fees and submit disclosure.

M/S. United Sales Corporation Thr. Its Partners Mr.Badri… — Specific Performance | Bombay HC (2022)

¶1

26_ARP_52_22.doc

¶2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION ARBITRATION PETITION NO. 52 OF 2022

¶3

M/s. United Sales Corporation … Petitioner

¶4

Union of India and others … Respondents

¶5

Mr. Mihir S. Raje for petitioner. Ms. Apurva Gupte a/w. Ms. Smita Thakur for respondents.

¶6

CORAM : MANISH PITALE, J DATE : 17^th NOVEMBER, 2022

¶7

P.C. :

¶8

. The petitioner has approached this Court under Section 11 of the Arbitration and Conciliation Act, 1996 for appointment of arbitrator in the context of contract bearing C.A. No. CERD/PSN/50 OF 2016-17 executed between the petitioner and the respondents for carrying out civil works and the scope of the contract being ‘AUGMENTATION OF FRESH WATER LINES AT NECKALCE AREA AND COLONEL POINT AREA AT PASHAN’.

¶9

Completion certificate dated 24^th September, 2018 was issued to the petitioner on behalf of the respondents and it is thereafter that the disputes arose between the parties.

¶10

The general conditions of contract, which are applicable to the aforementioned contract in Clause 70 provides for arbitration. The said clause specifies the sole arbitrator as a serving officer having degree in engineering or equivalent. There can be no dispute on the fact that upon amendment of the Act, the aforesaid clause would be hit by Section 12(5) of the Act.

¶11

The parties before this Court did not dispute the fact that in view of the respondents denying the claims of the petitioner, a dispute had arisen

¶12

1/2

¶13

26_ARP_52_22.doc

¶14

which would have to be referred to arbitrator. As regards the effect of Section 12(5) of the said Act on the specific arbitration clause applicable to the parties, it is agreed between the parties that if a person, who has an engineering degree with sufficient experience is appointed as an arbitrator, this Court would proceed to allow the present petition.

¶15

Learned counsel for the respondents, upon instructions, suggested a list from the panel of its arbitrators, from whom an arbitrator could be appointed in the present case. Learned counsel for the petitioner submitted, on instructions, that Shri Raghunath Prasad Tripathi, retired ADG of MES could be appointed as the arbitrator.

¶16

As agreed between the parties, Shri Raghunath Prasad Tripathi, retired ADG of MES is appointed as the sole arbitrator. His mobile number is 9425138470 and his email id is [email protected] .

¶17

Learned counsel for the respondents undertakes to inform the learned arbitrator about the order passed today.

¶18

Learned arbitrator is requested to communicate his consent and disclosure statement in terms of Sections 11(8) and 12(1) of the aforesaid Act within four weeks from today to the Registrar (Judicial) of this Court.

¶19

The fees of the learned Arbitrator shall be fixed in terms of Fourth Schedule to the aforesaid Act.

¶20

All questions are left open to be decided by the learned arbitrator.

¶21

Petition stands disposed of in above terms.

¶22

(MANISH PITALE, J)

¶23

Priya Kambli

¶24

2/2

M/S. United Sales Corporation Thr. Its Partners Mr.Badri R. Mander and Another v. Union of India and Others

Case brief

What is this about?

What did the court decide?

M/S. United Sales Corporation Thr. Its Partners Mr.Badri R. Mander and Another v. Union of India and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Asian Paints Limited Vs Sri Srinivasa Colors

Ashok Mallappa Nasipude Vs Bajirao Shivlang Shetty

M/S. Rishab Enterprises Thr. Its Porp. Mr. Sunil K. Samat Vs M/S. Bhagwat Chitra Mandir Thr. Its Partners Aseem Anil Bhagwat and Another

Mrs. Vijaya Dinesh Kunden Thr. Poa.Mr. Dinesh Kunden Vs Mrs. Geeta Jaydeep Kher

M/S. United Sales Corporation Thr. Partners Mr. Badri R. Mander and Another Vs Union of India

M/S. Solar International and Anr. Vs Zainab Anand Shetty