Bombay High Court

GL CONSTRUCTIONS PVT LTDversusNAVI MUMBAI MUNICIPAL CORPORATION

Decided: 28 August 2026
Disposal: Disposed Off

Holding

The High Court, finding an enforceable arbitration clause and compliance with statutory requirements, exercised its power under the Arbitration and Conciliation Act to appoint a sole arbitrator and direct the conduct of the arbitration, ordering the petitioner to bear the arbitral costs.

Summary

GL Constructions Pvt. Ltd. filed a commercial arbitration petition seeking the appointment of an arbitrator under the arbitration clause in its agreement with Navi Mumbai Municipal Corporation. The court found no dispute that the clause existed and that a notice invoking arbitration had been served. Relying on Sections 11(8) and 12(1) of the Arbitration and Conciliation Act, 1996, the court appointed retired Justice R.Y. Ganoo as the sole arbitrator and issued detailed procedural directions, including disclosure requirements and communication protocols. The court directed that all arbitral costs and fees be borne by the petitioner. The petition was disposed of in accordance with these orders.

Issues considered

Whether the High Court can appoint a sole arbitrator under the Arbitration and Conciliation Act, 1996
Whether the costs of the arbitration may be ordered to be borne by the petitioner

Legislation cited

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

Subjects

Arbitration
Appointment of arbitrator
Commercial arbitration
Arbitral costs
Section 11(8) Arbitration Act
Section 12(1) Arbitration Act
High Court

Judgment

LSP 1 908 coarp 30.26.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION

Commercial Arbitration Petition No.30 of 2026

GL Constructions Pvt. Ltd. … Petitioner
v/s.
Navi Mumbai Municipal Corporation … Respondents

Mr. Hasmit Trivedi a/w. Mr. Advocate for the Petitioner.
Murtaza Bohra i/b. Praxis Legal
Mr. Tejesh Dande Advocate for the Respondents
NMMC.

CORAM : S.M. MODAK, J

DATE : 28th August 2026.

P.C. :

1. Heard learned Advocate for the Petitioner and learned
Advocate for the Respondent Corporation.

2. There is no dispute that there is an arbitration clause in the
agreement. Already a notice dated 31 st July 2025 is issued by the
Digitally

LATA
SUNIL
signed by
LATA
SUNIL
PANJWANI
Petitioner invoking the arbitration clause. Clause No.116 is
PANJWANI Date:
2026.08.29
13:37:29
+0530
arbitration clause on Page No.115. Basic requirements for
appointment of Arbitrator are made out. Hence, the following
order:
ORDER

A) Justice R.Y.Ganoo, Retired Judge of this Court is hereby
LSP 2 908 coarp 30.26.doc

appointed as the Sole Arbitrator to adjudicate upon the
disputes and differences between the parties arising out
and in connection with the the matter referred above;
Office address :-Office No.19, Rohit Chambers,
Jamabhoomi Marg, Mumbai 400001
Email id : - [email protected]
Contact no. - 9820167959

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
upload 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 etc.
At such meeting, the parties shall provide a valid and
functional email address along with mobile and landline
LSP 3 908 coarp 30.26.doc

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 Petitioner only.

2. Commercial Arbitration Petition is disposed of in above terms.

(S.M. MODAK, J.)

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