Bhumika TransportversusMUNICIPAL CORPORATION OF GREATER MUMBAI

                                                                        42-ii-carap-197-2026.doc


                           SHABNOOR

                              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  ORDINARY ORIGINAL CIVIL JURISDICTION
                                      IN IT’S COMMERCIAL DIVISION

SHABNOOR                      COMM ARBITRATION APPLICATION NO.197 OF 2026
AYUB
PATHAN
                      Bhumika Transport                            … Applicant
Digitally signed by
SHABNOOR AYUB
PATHAN
                                 V/s.
Date: 2026.08.21
18:58:26 +0530
                      Municipal Corporation of Greater
                      Mumbai & Anr.                                … Respondents



                      Mr. Ranjeev Carvalho a/w Mr. Rishab Murali, Mr.Sabeena
                      Mahadik and Pankaj Uttaradhi for Applicant.
                       Ms. Pooja Yadav a/w Komal Punjabi, for Respondent – BMC.



                                                  CORAM      : AMIT BORKAR, J.

                                                  DATED      : AUGUST 21, 2026

                      P.C.:
                      1.      The present Application has been filed under Section 11 of
                      the Arbitration and Conciliation Act, 1996, hereinafter referred
                      to as “the Act”, seeking the appointment of an Arbitrator for
                      adjudication of the disputes and differences arising between the
                      parties under the Tender Document read with the General
                      Conditions of Contract for Construction Work, 2016. The
                      arbitration agreement between the parties is contained in
                      Section 9 of the Tender Document read with amended Clause
                      13(e) of the General Conditions of Contract for Construction




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Work, 2016. In the interest of brevity, the arbitration agreement
is not reproduced herein. It is sufficient to note that this Court
has jurisdiction to entertain and decide the present Application.

2.    The record indicates that the Applicant invoked the
arbitration agreement by issuing a notice dated 3 October 2025.
Despite service of the said notice, the Respondents have neither
furnished any reply thereto nor filed any affidavit in reply to the
present Application.

3.    Upon perusal of the material placed on record, it is evident
that the Applicant has duly invoked the arbitration agreement in
accordance with its terms.

4.    In view of the order dated 3 July 2026 passed by this
Court in the present proceedings, the objection regarding the
alleged non-compliance with the pre-arbitration mechanism
does not survive for consideration. All other objections and
contentions are expressly kept open to be raised before the
learned Arbitral Tribunal in accordance with law.

5.    This Court is satisfied that a valid and subsisting
arbitration agreement exists between the parties and that the
same has been duly invoked by the Applicant. It would,
therefore, be appropriate to refer the disputes and differences
arising out of or in connection with the Tender Document and
the General Conditions of Contract referred to above to
arbitration before a Sole Arbitrator.




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6.   In the aforesaid circumstances, the present Application
filed under Section 11 of the Act is disposed of in terms of the
following order:

     A)    Ayushi Anandpara Parekh, Advocate of this court, is
     hereby appointed as the Sole Arbitrator to adjudicate upon
     the disputes and differences between the parties arising
     out of and in connection with the Agreement referred to
     above; Office Address:- C/o Rohaan Cama, Office Nos. 17-
     18, 1st Floor, Islam Building, Veer Nariman Road, Fort,
     Mumbai – 400 001, Contact No. - 9833144496.

     Email - [email protected].
     B)    A copy of this Order will be communicated to
     the Learned Sole Arbitrator by the Advocates for the
     Applicant within a period of one week from today. The
     Applicant     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 Advocates for the Applicant 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 Applicant and a copy of the same
     shall be furnished by the Advocates for the Applicant



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     to the Advocates for the Respondent;

     D)    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;

     E)    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;

     F)    All arbitral costs and fees of the Arbitral Tribunal
     as per Schedule IV 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.

7.    All issues on merits are expressly kept open to be agitated
before the arbitral tribunal appointed hereby.




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8.    All actions required to be taken pursuant to this order
shall be taken upon receipt of a downloaded copy as available
on this Court’s website.

                                       (AMIT BORKAR, J.)




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