Created by Fuzzy Cloud

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

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



rsk                                                                         1/4
                                                                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



rsk                                                                          2/4
                                                             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


rsk                                                                       3/4
                                                                  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.]




rsk                                                                            4/4


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.