Bombay High Court

BANCO CONSTRUCTION PVT. LTD. THRU. ITS AUTHORIZED SIGNATORY VINOD RAJPUTversusCHHATRAPATI SAMBHAJINAGAR MUNICIPAL CORPORATION THRU. ITS MUNICIPAL COMMISSIONER

Disposal: DISPOSED OFF
Bench: ABHAY MANTRI

Holding

The court held that, under Sections 11(8) and 12(1) of the Arbitration and Conciliation Act, 1996, the appointment of retired Justice R.M. Borde as arbitrator is valid.

Summary

Banco Construction Pvt. Ltd. filed an arbitration application against Chhatrapati Sambhajinagar Municipal Corporation. The High Court, acting under its jurisdiction, considered the request to appoint an arbitrator pursuant to Section 11(8) read with Section 12(1) of the Arbitration and Conciliation Act, 1996. The court noted that retired Justice R.M. Borde had expressed willingness to act as arbitrator and satisfied the statutory requirements. Accordingly, the court appointed Justice Borde as the arbitrator and directed the parties to pay the requisite processing fees. The court also scheduled the first appearance before the arbitrator for 24 August 2026 and ordered the registrar to communicate the appointment to the arbitrator.

Issues considered

Whether the High Court can appoint an arbitrator under Section 11(8) read with Section 12(1) of the Arbitration and Conciliation Act, 1996.
Whether the appointment of a retired judge who has expressed willingness complies with the statutory requirements.

Legislation cited

Arbitration and Conciliation Act, 1996 — s. 11(8), 12(1)

Subjects

arbitration
appointment of arbitrator
Section 11
Section 12
High Court
procedural law

Judgment

                                                                      932-ARB-6-26.odt




            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      BENCH AT AURANGABAD

                ARBITRATION APPLICATION NO. 6 OF 2026

Banco Construction Pvt. Ltd.                             ..APPELLANT
      VERSUS
Chhatrapati Sambhajinagar Municipal Corporation
Through its Municipal Commissioner                       ..RESPONDENT

                                      ....
Mr. N.T. Tribhuvan and Mr. Akshay Kulkarni, Advocates for Appellant
Mr. A.P. Bhandari, A.G.P. for Respondent
                                      ....

                                            CORAM : ABHAY J. MANTRI, J.
                                            DATE : 06th AUGUST, 2026

PER COURT :

1.         Pursuant to the order dated 23rd July 2026, Shri. Justice R.M. Borde

(Retd.) has shown his willingness to act as an Arbitrator and has complied with

the requirement under Section 11(8), read with Section 12(1) of the Arbitration

and Conciliation Act, 1996. Hence, Shri Justice R.M. Borde (Retd.) is appointed

as an Arbitrator to resolve the dispute between the parties.



2.         The parties are directed to deposit the processing fees/charges in

accordance with the rules, if any, with the Registry. On deposit of the said

charges, if any, the Registrar is to communicate the order to Shri. Justice R.M.

Borde (Retd.) about his appointment as an Arbitrator in the matter.



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                                                                       932-ARB-6-26.odt



3.         Parties to appear before the learned Arbitrator on 24 th August 2026 at

11:00 a.m. or as per the convenience of the learned Arbitrator.




                                                   ( ABHAY J. MANTRI, J. )
SSD




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