M/S Indo Unique Flame Ltd, Nagpur Thr. Director Shri Vipul S/o Hariom Choudhary v. M/S B S Ispat Ltd. Thr. Managing Director, Shri. Bhawaniprasad Mishra
Arbitration and Conciliation Act, 1996 – Sections 11(5) and (6) – Appointment of Arbitrator
Case brief
What is this about?
Section 11(5) and (6), Arbitration and Conciliation Act 1996; application for appointment of sole Arbitrator; MISC. CIVIL APPLICATION (ARBN) NO.411/2025, High Court of Judicature at Bombay, Nagpur Bench at Nagpur; Rohit W. Joshi, J.; decided 11/03/2026; parties M/s Indo Unique Flame Limited (applicant, through Director Vipul Hariom Choudhary) v. M/s B.S. Ispat Limited (respondent); work order dated 05/03/2012 with admitted arbitration clause; notice dated 15/05/2025 proposing Mr. Anil Mohabey, retired District and Sessions Judge; notice erroneously described applicant as 'private limited company'; respondent's reply dated 12/06/2025 refused arbitration on that ground despite admitting work orders were issued to M/s Indo Unique Flame Limited (public limited company); held: respondent avoiding arbitration by taking advantage of an inadvertent error; application deserves to be allowed; Justice R.K. Deshpande, Former Judge, Bombay High Court, suggested as sole Arbitrator; stood over to 13/03/2026; no monetary quantum; no precedents cited.