Bombay High Court
UJJWAL PUNE LIMITEDversusTHE PUNE MUNICIPAL CORPORATION REPRESENTED BY THE MUNICIPAL COM THR THE CHIEF ELECTRICAL ENGINEER
- Decided
- Disposal
- Disposed Off
Holding
The Court validly appointed a sole arbitrator and disposed of the arbitration petition.
Summary
The dispute arose from a contract between Ujjwal Pune Limited and the Pune Municipal Corporation for replacement of street‑light fixtures with LED units. The contract contained an arbitration clause (clause 26) stipulating that a three‑member arbitral tribunal would be formed, each party selecting one arbitrator and the third to be appointed by the two selected arbitrators or, failing agreement, under the Arbitration Act. The petitioner invoked the clause and the respondent suggested Dr. Shalini Phansalkar Joshi, a former judge, as the arbitrator. The High Court, exercising its jurisdiction under the Arbitration and Conciliation Act, 1996, appointed Dr. Joshi as the sole arbitrator notwithstanding the contractual provision for three arbitrators and issued procedural directions for the arbitration. The court ordered equal sharing of arbitral costs and set Pune as the place of sitting. The arbitration petition was subsequently disposed.
Issues considered
- Whether the High Court can appoint a sole arbitrator notwithstanding the contract’s provision for a three‑member tribunal
- Whether the appointment of a former judge as sole arbitrator complies with the Arbitration and Conciliation Act, 1996
Legislation cited
- Arbitration and Conciliation Act, 1996 — s. 11(8), 12(1)
Subjects
- Arbitration
- Arbitration clause
- Appointment of arbitrator
- Arbitration and Conciliation Act 1996
- Commercial contract
- LED streetlights
- Procedural order
Judgment
3-COARP-34-26.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
COMMERCIAL ARBITRATION PETITION NO.34 OF 2026
Ujjwal Pune Limited ...Petitioner
Vs.
The Pune Municipal Corporation
Represented By The Municipal
Com Thr The Chief Electrical Engineer ...Respondent
*****
Mr. Nutash Kotwal a/w. Advocate for the Petitioner.
Mr. Keanan Nagporwala
i/b Khaitan Legal
Associates
Ms. Sweta Shah i/b. Mr. Advocate for the Respondent.
Abhijit P. Kulkarni
*****
CORAM : S. M. MODAK, J.
DATE : 1st OCTOBER 2026
P. C. :-
1. The contract is for the purpose of replacing the existing street-
light fixtures with dimmable and non-dimmable LED streetlights as
elaborated in paragraph 9 of the petition.
2. There is arbitration clause no.26 at page 85 out of that clause
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3-COARP-34-26.doc
26.2.1 is relevant. It is reproduced for the purpose of easy reference.
“Any dispute which is not resolved amicably by direct
discussion, as provided in clause 26.1.1 shall be finally
decided by reference to arbitration by an arbitral tribunal
constituted in accordance with clause 26.2.2. Such
arbitration shall be held in accordance with the Arbitration
and Conciliation Act, 1996 (“Arbitration Act”), including
any amendments thereof, or such other rules as may be
mutually agreed by the parties and shall be subject to the
provisions of the Arbitration Act. The place of such
arbitration shall be Pune and the language of arbitration
proceedings shall be English.”
3. Clause says about appointment of three arbitrators. Relevant
clause is 26.2.2 which is reproduced below.
“There shall be a board of three arbitrators of whom
PMC and the Developer shall select one each, and the
third arbitrator shall be appointed by the two arbitrators
so selected and in the event of disagreement between the
two arbitrators, the appointment shall be made in
accordance with the Arbitration Act.”
4. As the dispute has arisen the petitioner has taken recourse to the
arbitration clause and vide notice dated 20 May 2026 issued to the
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3-COARP-34-26.doc
Respondent has invoked arbitration clause and suggested name of Dr.
Shalini Phansalkar Joshi, former Judge of this Court. On the basis of
instructions learned Advocate for the Respondent is agreeable to the
said name. In view of that following order is passed:
ORDER
A) Dr. Shalini Phansalkar Joshi, former Judge 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 :-
Bunglow No.12,
Bhagva Chintamani Nagar,
Poud Road, Kothrud, Pune-411 038.
Email id :- [email protected]
Contact No.- 9657188676
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
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3-COARP-34-26.doc
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
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 Pune.
3. Arbitration Petition is disposed of.
[S. M. MODAK, J.]
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