SHIVANGI CONSTRUCTION CO THROUGH ITS DIRECTOR CONTRACTOR AJAY SINGHversusWESTERN RAILWAY MUMBAI CENTRAL

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

SHABNOOR                      COMM ARBITRATION APPLICATION NO. 500 OF 2026
AYUB
PATHAN
Digitally signed by
SHABNOOR AYUB
                      Shivangi Construction Co.,
PATHAN
Date: 2026.09.17
                      Through Its Proprietor
16:41:24 +0530
                      Ajay Singh                                  … Applicant
                                 V/s.
                      Union of India, through
                      the General Manager,
                      Western Railway, Mumbai Central             … Respondent


                      Mr. Yash Tiwari, for the Applicant.
                      Ms. Shehnaz V. Bharucha, 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 an
                      Agreement dated 3 October 2016. The arbitration agreement
                      between the parties is contained in Clause 64(1)(i), read with
                      Clause 63 of the General Conditions of Contract, and Clauses 52
                      (Restrictions on Arbitration Clauses) and 53 (Jurisdiction of
                      Courts) of the said Agreement, a copy whereof is placed at pages
                      93–96 and 84 of the Application. In the interest of brevity, the said
                      arbitration clause is not reproduced herein. It would suffice to


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observe that the present Application falls within the jurisdiction of
this Court.

2.      The record indicates that the Applicant invoked the
arbitration agreement by issuing a notice dated 12 November
2025.

3.      Upon perusal of the material placed on record, it is evident
that the arbitration agreement has been duly invoked by the
Applicant.

4.      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 dated 3 October 2016 to arbitration
before a Sole Arbitrator.

5.      In the aforesaid circumstances, the present Application under
Section 11 of the Act, is deserved to be disposed of in terms of the
following order:

        A)    Mr. Abhishek Kothari 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 Sr. Adv. Ashish Kamat, 501, Oval House,
        British Hotel Lane, Kala Ghoda, Mumbai – 400001.

        Email: [email protected]
        B)    A copy of this Order will be communicated to the
        Learned Sole Arbitrator by the Advocates for the


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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;

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



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     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.

6.    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.

7.    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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