Authority: High Court of Judicature at Bombay, Commercial Division

Order Date: 21 August 2026

Case Overview

  • Applicant: JRS Infrastructures (represented by counsel Ranjeev Carvalho, Rishab Murali, Sabeena Mahadik, Pankaj Uttaradhi).
  • Respondent: Municipal Corporation of Greater Mumbai (represented by counsel Pooja Yadav, Komal Punjabi).
  • The application was filed under Section 11 of the Arbitration and Conciliation Act, 1996 (Arbitration Application No. 226 of 2026) seeking appointment of an arbitrator for disputes arising under the Tender Document and the General Conditions of Contract for Construction Work, 2016.
  • The arbitration agreement is contained in Section 9 of the Tender Document and amended Clause 13(e) of the General Conditions of Contract.
  • Applicant invoked the arbitration agreement by issuing a notice on 16 October 2025. The Respondent neither replied to the notice nor filed any affidavit in response to the application.
  • The Court previously ordered on 3 July 2026 that the objection regarding alleged non‑compliance with the pre‑arbitration mechanism does not survive, leaving all other objections open for the arbitral tribunal.
  • The Court found a valid and subsisting arbitration agreement and determined that it was duly invoked by the Applicant.

Final Outcome

  • Ayushi Anandpara Parekh, Advocate of this Court, is appointed as the Sole Arbitrator. Office address: C/o Rohaan Cama, Office Nos. 17‑18, 1st Floor, Islam Building, Veer Nariman Road, Fort, Mumbai – 400001. Contact No.: 9833144496. Email: ayushi.anandpara@gmail.com.
  • A copy of this Order shall be communicated to the Sole Arbitrator by the Applicant’s advocates within one week of the Order. The Applicant must also provide the contact and communication particulars of the parties to the Arbitral Tribunal.
  • The Sole Arbitrator is directed to forward the statutory Statement of Disclosure under Section 11(8) read with Section 12(1) of the Act to both parties within two weeks of receipt of the Order. The Court Registry will retain a copy of the Statement.
  • Parties must appear before the Sole Arbitrator on a date and place to be indicated, to obtain directions on conduct of the arbitration, including schedule for pleadings, witness examination, and hearings. Valid email, mobile, and landline numbers of each party’s advocates must be provided; communications to these emails will constitute valid service.
  • All arbitral costs and fees as per Schedule IV shall be borne equally by the parties initially, subject to any final award adjustment.
  • All merits‑related issues remain open for determination by the appointed arbitral tribunal.

Topics: Arbitration, Construction Contracts