Bombay High Court
Kamalasha Infrastructure and EngineeringversusOm Power and Infrastructure
- Decided
- Disposal
- Disposed Off
Holding
The court appointed a sole arbitrator and ordered the arbitration to proceed in accordance with the Act.
Summary
The petitioner, Kamalasha Infrastructure and Engineering, entered into a contract with the respondent, M/s. Om Power and Infrastructure Prop, which contained a multi-tiered dispute resolution clause culminating in arbitration of three arbitrators seated in Nashik. A dispute arose and the petitioner issued a notice under the arbitration clause seeking appointment of an arbitrator. The respondent failed to appear or file a vakalatnama, prompting the court to intervene. The High Court, invoking the Indian Arbitration and Conciliation Act, 1996, appointed Ms. Jaya O. Sharma as a sole arbitrator and issued procedural directions, including disclosure requirements under Sections 11(8) and 12(1). The court ordered equal sharing of arbitral costs and set the place of arbitration at Nashik. The arbitration petition was subsequently disposed of.
Issues considered
- What procedural steps are required for the court to appoint an arbitrator when a party fails to appear under the arbitration clause?
- Whether the court can appoint a sole arbitrator despite the contract specifying a three‑member tribunal.
- Applicability of Sections 11(8) and 12(1) of the Arbitration and Conciliation Act, 1996 in the appointment process.
Legislation cited
- Arbitration and Conciliation Act, 1996 — s. 11(8), 12(1)
Subjects
- Arbitration
- Appointment of arbitrator
- Arbitration clause
- Indian Arbitration and Conciliation Act 1996
- Contract dispute
- Jurisdiction
Judgment
4-ARP-114-26.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
ARBITRATION PETITION NO.114 OF 2026
Kamalasha Infrastructure and Engineering ...Petitioner
Vs.
M/s. Om Power and Infrastructure Prop ...Respondent
*****
Ms. Chaitali Bhogle a/w. Advocate for the Petitioner.
Mr.Vishal Tambat and Ms.
Sejal Mhaskar
None Advocate for the Respondent
*****
CORAM : S. M. MODAK, J.
DATE : 29th SEPTEMBER 2026
P. C. :-
1. Heard Ms. Chaitali Bhogle, learned advocate for the Petitioner.
It is true on 21 August 2026 there is appearance on behalf of the
Respondents and time was sought to file Vakalatnama and reply. Even
on 22 September 2026 neither Vakalatnama was filed nor Reply.
Today also no one is present on behalf of the Respondent. Sufficient
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4-ARP-114-26.doc
time is granted.
2. A Letter is issued by the Petitioner to Respondent awarding
contract for executing electrical erection services works in Varanasi. As
per the petty contract works order for electrical works in Chandauli
District under Varanasi Zone of Uttar Pradesh, there is an arbitration
clause (Q), which is reproduced below:
“Q. ARBITRATION/DISPUTE RESOLUTION:
a. Any ambiguity or discrepancy concerning any
of the provision of this agreement shall be mutually
settled between the parties and will be reduced in
writing. In case, the parties ae not able to resolve the
same then the decision of KIEPL’s Managing Director
shall be final, binding and conclusive.
b. Any dispute or difference of any kind
whatsoever arising between the parties in connection
with or arising out of the Scope or this agreement or
the sub-contract works shall in the first instance be
resolved by discussion between the authorized
representatives of both parties. In the event, the parties
fail to arrive at any amicable settlement, then such
disputes or differences shall be referred to the
Managing Director of KIEPL whose decision shall be
final & binding upon both the parties.
c. In the event, the parties fail to arrive at any
amicable settlement then all such disputes or
differences shall be referred to arbitration consisting of
three arbitrators. KIEPL and OMPE shall nomínate
one arbitrator each and the two arbitrators so
nominated shall appoint the third arbitrator who shall
be presiding Arbitrator.
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d. The arbitration shall be conducted in
accordance with the Indian Arbitration and
Conciliation Act 1996 including all amendments from
time to time. The decision of the Arbitral Tribunal
shall be final and binding upon both the parties.
e. Notwithstanding any other provision of this
Agreement, where the dispute between the KIEPL
and the OMPE is connected with or raises issues
which relate to, or could give rise, to any dispute
between the KIEPL and the OMPE(hereinafter
referred as "Related Dispute" ) the parties herein agree
that KIEPL shall submit the Related Dispute for
resolution under the Contract and the OMPE shall be
bound by the resolution of the dispute or any relevant
determination by competent forum in Contract or
finding or award in the Related Dispute that arises in
connection with or applies to the dispute between
KIEPL and OMPE. Further the OMPE shall render
all assistance to the KIEPL in the resolution of the
Related Disputes with Employer.
f. The execution of work will continue, and
OMPE shall not cause any direct or indirect hindrance
or try to provoke any concerned authorities, even if
the matter is under dispute resolution.
g. The place of arbitration shall be Nasik.
(Maharashtra) India.
h. All legal disputes are subject to Nasik
Jurisdiction.”
3. Dispute arose between the parties that is why the Petitioner has
exhausted the arbitration clause and issued a notice dated 15 February
2026 to the Respondent. Case is made out for appointment of an
arbitrator. Hence the following order:
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4-ARP-114-26.doc
A) Ms. Jaya O. Sharma, Advocate is appointed as the
Sole Arbitrator to adjudicate upon the disputes and
differences between the parties arising out and in
connection with the matter referred above;
Office address :
Shop No.622, Lotus Capital Building,
Ashok Stambh, Nashik
Email id : [email protected]
Contact No.- 91 9986758567
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 of
uploading of this order. The petitioner shall provide the
contact and communication particulars of the parties to
the Arbitral Tribunal along with a copy of this Order;
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
parties within a period of two weeks from receipt of a
copy of this Order;
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
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4-ARP-114-26.doc
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;
E) All arbitral costs and fees of the Arbitral Tribunal
shall be borne by the parties equally as per the
Schedule, subject to the final outcome;
F) The place of sitting will be at Nashik
(Maharashtra) India.
4. Arbitration Petition is disposed of.
[S. M. MODAK, J.]
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