Gulmohar Builders through Proprietor Pradip Gajan Golangonde v. the Director Maharaashtra State Text Book Production and Curriculum Research Corporation

Bombay HC28 Feb 2025ARP/171/2024

Case brief

AI extract

What is this about?

Section 15 Arbitration and Conciliation Act 1996; appointment of sole arbitrator; consensus on identity of arbitrator; Vrushali Vaidya Architect Sole Arbitrator; Gulmohar Builders; Director Maharashtra State Text Book Production and Curriculum Research Corporation; Bombay High Court Arbitration Petition No. 171 of 2024; Statement of Disclosure Section 11(8) read with Section 12(1); arbitral costs and fees borne equally in first instance subject to final award; Somasekhar Sundaresan J; order dated March 24, 2025.

What did the court decide?

Appointment of Ms. Vrushali Vaidya, Architect as Sole Arbitrator to adjudicate upon the disputes and differences between the parties covered by the Petition. ¶¶15

Gulmohar Builders through Proprietor Pradip Gajan Golangonde vs… — Arbitration | Bombay HC (2025)

What the court decided

AI extract

Outcome

Appointment of Ms. Vrushali Vaidya, Architect as Sole Arbitrator to adjudicate upon the disputes and differences between the parties covered by the Petition.

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Issue for consideration

Appointment of a sole arbitrator under Section 15 of the Arbitration and Conciliation Act, 1996 to adjudicate the disputes and differences between the parties covered by the Petition.

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Court's answer

In view of the parties having arrived at consensus on the identity of the arbitrator, the Petition was finally disposed of in the terms set out in the order.

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Ratio / Principle

Ms. Vrushali Vaidya, Architect is appointed as the Sole Arbitrator to adjudicate upon the disputes and differences between the parties covered by the Petition.

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Key takeaways

All arbitral costs and fees of the Arbitral Tribunal shall be borne by the parties equally in the first instance, and shall be subject to any final Award passed by the Tribunal in relation to costs.ratio¶¶23

Detailed headnote1 paragraphs

High Court of Judicature at Bombay (Somasekhar Sundaresan, J.), Arbitration Petition No. 171 of 2024, order dated March 24, 2025: Gulmohar Builders (through its proprietor Pradip Gajananrao Golangande) filed a Petition under Section 15 of the Arbitration and Conciliation Act, 1996 against The Director, Maharashtra State Text Book Production and Curriculum Research Corporation and Ors. As the parties had arrived at consensus on the identity of the arbitrator, the Petition was finally disposed of by appointing Ms. Vrushali Vaidya, Architect as Sole Arbitrator. The Learned Sole Arbitrator was requested to forward the statutory Statement of Disclosure under Section 11(8) read with Section 12(1) of the Act to the Advocates for the Petitioner for filing in the Registry; a copy of the Order was to be communicated to the arbitrator within one week of upload on the Court's website; the parties were directed to appear before the arbitrator for directions on conduct of the arbitration; and all arbitral costs and fees were to be borne by the parties equally in the first instance, subject to any final Award on costs.

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68-ARP-171-2024 copy.docx

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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PURTI PRASAD PARAB

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Digitally signed byPURTI PRASAD PARAB Date: 2025.04.02 16:14:03 +0530

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CIVIL APPELLATE JURISDICTION

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ARBITRATION PETITION NO. 171 OF 2024

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Gulmohar Builders Through Proprietor Pradip Gajananrao Golangande …Petitioner

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Versus

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The Director, Maharashtra State Text Book Production and Curriculum Research Corporation and Ors. …Respondents

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Mr. Kanhaiya S. Yadav i/b Mr. Neel G. Helekar for the Petitioner. Mr. Abhijit Patil for Respondent No.1.

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CORAM : SOMASEKHAR SUNDARESAN, J. DATE : MARCH 24, 2025

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PC :

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Mentioned out of turn, and taken up by consent of the parties.

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This is a Petition under Section 15 of the Arbitration and Conciliation Act, 1996 (“ the Act ”).

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In view of the parties having arrived at consensus on identity of the arbitrator, consequently, this Petition is finally disposed of in the following terms:-

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A] Ms. Vrushali Vaidya, Architect is hereby appointed as the Sole Arbitrator to adjudicate upon the disputes and differences between the parties covered by this Petition; Address : 2, Shubham Apartment, Ground Floor,

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Flat No. 95/C, Kanchai Gaui, Opp. Law College, Avendvane, Pune – 411 004.

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Page 1 of 3 March 24, 2025

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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 provide the contact and communication particulars of the parties to the Arbitral Tribunal along with a copy of this Order;

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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 Advocates for the Petitioner 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 Petition and a copy of the same shall be furnished by the Advocates for the Petitioner to the Respondent;

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D] The parties shall appear before the Learned Sole Arbitrator on such date and at such place as indicated, to obtain appropriate directions with regard to conduct of the arbitration including fixing a schedule for pleadings, examination of witnesses, if any, schedule of hearings etc. At such meeting, the parties shall provide a valid and functional email address along with mobile and landline numbers of the respective Advocates of the parties to the Arbitral Tribunal. Communications to such email addresses shall constitute valid service of correspondence in connection with the arbitration;

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E] All arbitral costs and fees of the Arbitral Tribunal shall be borne by the parties equally in the first instance, and shall be subject to any final Award that may be passed by the Tribunal in relation to costs.

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Page 2 of 3 March 24, 2025

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Purti Parab

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68-ARP-171-2024 copy.docx

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