Authority: High Court of Judicature at Bombay

Order Date: 22 October 2026

Case Overview

  • Parties: Applicant – Urban Infrastructure Trustees Limited; Respondent – Neelkanth Mansions and Infrastructure Pvt Ltd, along with Respondent No.2 and Respondent No.3 (unnamed).
  • The application was filed under Section 11 of the Arbitration and Conciliation Act, 1996 seeking appointment of an arbitrator for disputes arising under the Agreement dated 18 October 2008.
  • The arbitration agreement is contained in Clause 19.3 of the said Agreement (pages 87‑88 of the application). The existence of this clause is not disputed.
  • The Court examined Supreme Court orders in Miscellaneous Application Nos. 2256‑2257 of 2026 and Special Leave Petitions (Civil) Nos. 18578‑18579 of 2025 dated 5 August 2025. It held that the issues identified in paragraphs 12 and 4 of those orders must be decided as preliminary issues by the Arbitral Tribunal.
  • The Applicant invoked the arbitration agreement by issuing a notice on 22 January 2025, which the Court found to be in compliance with the procedural requirements of the agreement.
  • An objection was raised by the Respondent regarding the impleadment of individual directors as parties to the arbitral proceedings. The Court directed that this objection be decided independently by the Sole Arbitrator, without any presumption of maintainability or liability.

Final Outcome

  • Justice Shiavax Jal Vazifdar, former Chief Justice of the Punjab and Haryana High Court, is appointed as the Sole Arbitrator to adjudicate the disputes arising out of the 2008 Agreement.
  • Office address for the Arbitrator: 6 and 12A, Mansion Belvedere, 1st Floor, 107, Maharshi Karve Road, Next to Aayakar Bhuvan, Mumbai. Mobile: 9820102088; Email: shivaxvazifdar@gmail.com.
  • The Applicant’s counsel must forward a copy of this order to the Sole Arbitrator within one week and provide contact details of all parties.
  • The Sole Arbitrator shall forward the statutory Statement of Disclosure under Section 11(8) read with Section 12(1) of the Act to the Applicant’s counsel for filing with the Court Registry.
  • Parties are to appear before the Sole Arbitrator on a date and place to be notified, for directions on pleadings, witness examination, and hearing schedule. Valid email addresses and telephone numbers of counsel must be furnished; communications to these addresses will constitute valid service.
  • Arbitration costs, including the Arbitrator’s fees, shall initially be borne equally by the parties, with final allocation to be determined by the eventual award.
  • The petition filed under Section 9 of the Act is to be treated as an application under Section 17 before the Arbitral Tribunal, which shall decide it in accordance with law.
  • The Sole Arbitrator is empowered to adjudicate any claims, counter‑claims, and all questions arising on the merits, subject to the directions contained herein.
  • All procedural steps may be undertaken based on a downloaded copy of this order from the Court’s official website.
  • The arbitration application is hereby disposed of in the terms stated above.

Topics: Arbitration Appointment, Court Order