SHRIM BHANU CONSTRUCTION PVT. LTD v. ARUN R. PEDNEKER

1 Arbappln2.2026IN THE HIGH COURT OF JUDICATURE AT BOMBAYBENCH AT AURANGABAD907 ARBITRATION APPLICATION NO. 2 OF 2026SHRIM BHANU CONSTRUCTION PVT. LTD.VERSUSSHRI SAIBABA SANSTHAN TRUST SHIRDI...Advocate for Applicant : Mr. Ninad Tikhekar h/f. Mr. Gastgar Santosh B.Advocate for Respondent : Mr. Anil S. Bajaj...CORAM:ARUN R. PEDNEKER, J.DATE:10.04.2026PER COURT:1.Heard the learned counsel for the parties.2.Dispute have arisen between the parties out of theagreement dated 22.08.2019. Clause.172 of the Special Conditionsof Contract of the E-tender dated 15.03.2018, provides forresolution of the disputes by arbitration.3.He further submits that the dispute has arisen betweenthe parties and as such the applicant has issued notice dated13.10.2025 to the respondent for appointment of Arbitrator. However, the respondent did not respond to the same. Hence, thepresent application has been filed under Section 11 of theArbitration and Conciliation Act for appointment of an Arbitrator. 2 Arbappln2.20264.Clause 172 of the Special Conditions of Contract of theE-tender dated 15.03.2018 is as under :Arbitration:172. If any dispute arises and persists between theContract and the Employer the same shall be referredto an Arbitrator appointed by Shri Sansthan Trust, Shridi, under the Arbitration and Conciliation(amendment) Act 2015 and Arbitration andConciliation Act 1996.5.Considering the same, this Court deems it appropriateto exercise powers under Section 11 (6) of the Arbitration andConciliation Act for appointment of an Arbitrator.6.Shri S. V. Gangapurwala, former Chief Justice ofMadras High Court can be appointed as an Arbitrator to decide thedisputes arising between them.7.Accordingly, the arbitration application is disposed ofwith following order :a.Appointment of Arbitrator :-Shri S. V. Gangapurwala, former Chief Justice of Madras HighCourt is appointed to act as sole arbitrator to adjudicate upon thedisputes between the parties. 3 Arbappln2.2026b.Communication to Arbitrator of this order :(i) A copy of this order will be communicated to the learned SoleArbitrator by the Advocates for the applicant within one week fromthe date this order is uploaded.(ii) In addition, within one week of this order being uploaded, theRegistry will forward an ordinary copy of this order to the learnedSole Arbitrator at the following post and email addresses :Arbitrator : Shri S. V. Gangapurwala, former Chief Justice of Chennai High CourtAddress : Govardhangiri, Kharakuwa, Near Porwal Bhavan, AurangabadPhone No. : 9545111995E-mail : [email protected] :The learned Sole Arbitrator is requested to forward thenecessary statement of disclosure under Section 11 (8) read withSection 12 (1) of the Arbitration Act to the Registrar of this Court, referencing this arbitration application, as soon as possible, and inany case sufficiently before entering upon the reference toarbitration. That statement will be retained by the Registrar on thefile of this application. Copies will be given to both sides. 4 Arbappln2.2026d. Appearance before the Arbitrator :Parties will appear before the learned Sole Arbitrator on suchdate and at such place as the learned Sole Arbitrator nominatesand the parties to obtain appropriate directions from the arbitratorin regard to fixing a schedule for completing pleadings, etc.e.Contact / communication information of the parties :Contact and communication particulars are to be provided byboth sides to the learned Sole Arbitrator within one week of thisorder being uploaded. The information is to include a valid andfunctional email address.f.Section 16 application :The respondent is at liberty to raise all questions ofjurisdiction within the meaning of section 16 of the Arbitration Act. All contentions are left open.g.Interim Application/s :(i) Liberty to the parties to make an interim application orinterim applications including (but not limited to) interimapplications under Section 17 of the Arbitration & Conciliation Act,1996 before the learned Sole Arbitrator.(ii) Any such application will be decided in such manner andwithin such time as the learned Sole Arbitrator deems fit. 5 Arbappln2.2026h. Fees :As per the Arbitration and Conciliation Act, 1996.i.Sharing of costs and fees :As per the Arbitration and Conciliation Act, 1996.j.Venue and seat of arbitration :Seat of the arbitration would be governed as per theagreement and Arbitration and Conciliation Act, 1996. [ARUN R. PEDNEKER, J.]marathe