Authority: High Court of Judicature at Bombay, Commercial Division

Order Date: 17 September 2026

Case Overview

  • Applicant: Shivangi Construction Co., represented by proprietor Ajay Singh.
  • Respondent: Union of India, represented by the General Manager, Western Railway, Mumbai Central.
  • Dispute arises under an Agreement dated 3 October 2016, containing arbitration clauses (Clause 64(1)(i), Clause 63 of General Conditions of Contract, Clauses 52 & 53).
  • Applicant invoked the arbitration clause by issuing a notice on 12 November 2025.
  • The Court found a valid, subsisting arbitration agreement that had been duly invoked.

Order Details

  • Appointment: Mr. Abhishek Kothari, Advocate of this Court, is appointed as the Sole Arbitrator.
  • Office Address: C/o Sr. Adv. Ashish Kamat, 501, Oval House, British Hotel Lane, Kala Ghoda, Mumbai – 400001.
  • Communication:
  • A copy of this Order to be communicated to the Sole Arbitrator by the Applicant’s advocates within one week.
  • Applicant must provide contact and communication particulars of the parties to the Arbitral Tribunal along with a copy of the Order.
  • Statutory Disclosure:
  • The Sole Arbitrator must forward the Statement of Disclosure under Section 11(8) read with Section 12(1) of the Arbitration and Conciliation Act, 1996 to the Applicant’s advocates for filing in the Court Registry.
  • The Registry will retain the Statement; a copy must also be furnished to the Respondent’s advocates.
  • The Sole Arbitrator must forward the same Statement to both parties within two weeks of receiving the Order.
  • Procedural Directions:
  • Parties shall appear before the Sole Arbitrator on a date and place indicated by the Arbitrator for directions on conduct of proceedings, including schedule for pleadings, witness examination, and hearing dates.
  • Parties must provide valid email addresses and telephone numbers of their respective advocates; communications to these emails constitute valid service.
  • Costs:
  • All arbitral costs and fees shall be borne equally by the parties initially, subject to adjustment by the final Award.
  • Arbitrator’s Powers:
  • The Sole Arbitrator may adjudicate any claims and counter‑claims and determine all merit questions in accordance with law.
  • Implementation:
  • All actions required by this Order shall be taken upon receipt of a downloaded copy as available on the Court’s website.

Final Outcome

  • The High Court formally appoints Mr. Abhishek Kothari as Sole Arbitrator and sets out comprehensive procedural and cost‑sharing directions, thereby initiating the arbitration process under the 2016 agreement.

Topics: Arbitration, Court Order