Surjit Singh And BrosversusAfcons Infrastructure Ltd

                                                                            49-CARAP-403-2026.doc


                      Shabnoor
                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   ORDINARY ORIGINAL CIVIL JURISDICTION
                                        IN ITS COMMERCIAL DIVISION

                              COMM ARBITRATION APPLICATION NO. 403 OF 2026
         Digitally
         signed by
         SHABNOOR
SHABNOOR AYUB
                      Surjit Singh And Bros                         … Applicant
AYUB     PATHAN
PATHAN   Date:
                                  V/s.
         2026.09.18
         17:28:17     Afcons Infrastructure Ltd                     … Respondent
         +0530



                      Mr. Pranav Nair i/b Ronak Desai, Mr. Akshay Gandotra,
                      for the Applicant.
                      Ms. Nisha Kaba a/w MR. Raheel Kholi, Ms. Himangini
                      Mehta, Mr. Abhijit Singh, for Respondent.


                                                   CORAM      : AMIT BORKAR, J.

                                                   DATED      : SEPTEMBER 17, 2026
                      P.C.:
                      1.      The present Application has been filed under Section 11 of
                      the Arbitration and Conciliation Act, 1996 (“the Act”), seeking the
                      appointment of an Arbitrator for adjudication of the disputes and
                      differences stated to have arisen between the parties under clause
                      51 of General Conditions of Sub-Contract forming part of work
                      orders     No.   AFC/2629/2019/SUBCON/WO            043    dated      No.
                      AFC/SUB/287 dated 30.1.2021 annexed to petition at Ex.A.

                      2.      This Court is satisfied that a valid and subsisting arbitration
                      agreement exists between the parties and that the said agreement
                      has been duly invoked. It would, therefore, be appropriate to refer
                      the disputes and differences arising out of or in connection with
                      the aforesaid Agreement to arbitration before a Sole Arbitrator.
                      The seat arbitration shall be at Mumbai.



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3.   In the aforesaid circumstances and since parties do not
dispute existence arbitration clause, the present Application under
Section 11 of the Act, is deserved to be disposed of in terms of the
following order:

     A)    Mr. Tushad Kakalia 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:- Aban House, 25-31, 6th Floor, Kakushroo
     Dubash Marg, Kala Ghoda, Fort, Mumbai – 400001.
     Cell No. 9833212724

     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 to the Advocates for
     the Respondent;




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     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 may be
     indicated by the Learned Sole Arbitrator, for obtaining
     appropriate directions with regard to the conduct of the
     arbitral proceedings, including fixing the schedule for
     filing of pleadings, examination of witnesses, if any, and
     dates of hearing. At such meeting, the parties shall
     furnish to the Arbitral Tribunal valid and functional
     email addresses, together with the mobile and landline
     telephone numbers of their respective Advocates.
     Communications sent to the said email addresses shall
     constitute valid service of correspondence in connection
     with the arbitral proceedings.

     F)    All arbitral costs and fees of the arbitration and of
     the Arbitral Tribunal shall be borne by the parties equally
     in the first instance. The same shall, however, remain
     subject to any final Award that may be passed by the
     Arbitral Tribunal in relation to costs.

4.    The Learned Sole Arbitrator shall be at liberty to adjudicate
upon the claims and counterclaims, if any, and to determine all
questions relating to merits, in accordance with law.




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5.   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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