Authority: High Court of Judicature at Bombay, Commercial Division

Order Date: 23 September 2026

Case Overview

  • Applicant: Surya Alloy Industries Ltd; Respondents: Western Railways and others.
  • Dispute arises from Purchase Order dated 29 November 2024; arbitration agreement contained in Clause 2093 and Clause 2095(b)(ii) of that agreement.
  • Applicant invoked arbitration by issuing a notice on 11 July 2025 under Section 11 of the Arbitration and Conciliation Act, 1996.
  • Both Section 11 and Section 9 applications were pending before this Court.

Order Details

  • Mr. Ajai E. Fernandes, an advocate of this Court, is appointed as the Sole Arbitrator.
  • Office Address: Chamber No. 2, 3rd floor, Kamanwala Chambers, 14, Sir P.M. Road, Opp. Bombay Stores, Fort, Mumbai-400 001.
  • Mobile No.: 9892868713; Phone No.: 022-22658586.
  • A copy of this Order shall be communicated to the Learned Sole Arbitrator by the Applicant’s advocates within one week from today.
  • The Applicant shall provide the contact and communication particulars of the parties to the Arbitral Tribunal along with a copy of this Order.
  • The Learned Sole Arbitrator is directed to forward the statutory Statement of Disclosure under Section 11(8) read with Section 12(1) of the Act to the advocates for both parties within two weeks of receipt of this Order.
  • The parties shall appear before the Learned Sole Arbitrator on a date and at a place to be indicated, to obtain directions regarding conduct of the arbitration, including fixing a schedule for pleadings, examination of witnesses (if any), and hearing dates. At that meeting, the parties shall provide a valid and functional email address along with mobile and landline numbers of their respective advocates; communications to such email addresses shall constitute valid service of correspondence.
  • All arbitral costs and fees of the Arbitral Tribunal shall be borne by the parties equally in the first instance, subject to any final award that may be passed by the Tribunal in relation to costs.
  • All issues on merits, including limitation, are expressly kept open to be agitated before the arbitral tribunal appointed hereby.
  • All actions required to be taken pursuant to this order shall be taken upon receipt of a downloaded copy as available on this Court's website.

Final Outcome

  • The Court has formally appointed Mr. Ajai E. Fernandes as the sole arbitrator, set procedural timelines, and stipulated equal cost sharing, thereby enabling the arbitration proceedings to commence.

Topics: Arbitration Appointment, Commercial Dispute, Court Order