13-CARAP-432-25-F.doc Sayali IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION COMM. ARBITRATION APPLICATION NO. 432 OF 2025 Surya Alloy Industries Ltd … Applicant V/s. Western Railways and Others … Respondents Ms. Divya Tyagi with Mr. Bhupen Garud, for Applicant. CORAM : AMIT BORKAR, J. DATED : SEPTEMBER 23, 2026 P.C.: 1. The present Application has been filed under Section 11 of the Arbitration and Conciliation Act, 1996, hereinafter referred to as “the Act”, seeking the appointment of an Arbitrator for adjudication of the disputes and differences stated to have arisen between the parties in connection with the Purchase Order dated 29 November 2024. The arbitration agreement between the parties is contained in Clause 2093 and 2095 (b)(ii)thereof, which is placed on record at page 69 of the Application. In the interest of brevity, the said arbitration clause is not reproduced herein. It would suffice to observe that the present Application is within the territorial jurisdiction of this Court. 1 SAYALI DEEPAK UPASANI Digitally signed by SAYALI DEEPAK UPASANI Date: 2026.09.23 16:53:33 +0530 13-CARAP-432-25-F.doc 2. It appears from the record that the Applicant invoked the arbitration agreement by issuing a notice dated 11 July 2025. 3. By consent of the parties, the disputes and differences arising out of and in connection with the Agreement dated 29 November 2024 are required to be referred for adjudication to arbitration by a Sole Arbitrator. 4. In view of the aforesaid, the present Application filed under Section 11 of the Act, as well as the Application filed under Section 9 thereof, are disposed of by passing the following order: A) Mr. Ajai E. Fernandes, an advocate of this Court, is hereby appointed as the Sole Arbitrator to adjudicate upon the disputes and differences between the parties arising out of and in connection with the Agreement referred to above; 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 B) A copy of this Order will be communicated to the Learned Sole Arbitrator by the Advocates for the Applicant within a period of 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; 2 13-CARAP-432-25-F.doc C) The Learned Sole Arbitrator is requested to forward the statutory Statement of Disclosure under Section 11(8) read with Section 12(1) of the Act to the Advocates for the Applicant so as to enable them to file the same in the Registry of this Court. The Registry of this Court shall retain the said Statement on the file of this Applicant and a copy of the same shall be furnished by the Advocates for the Applicant to the Advocates for the Respondent; D) The Learned Sole Arbitrator is requested to 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; E)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; 3 13-CARAP-432-25-F.doc All arbitral costs and fees of the Arbitral Tribunal shall be borne by the parties equally in the first instance, and shall be subject to any final Award that may be passed by the Tribunal in relation to costs. 5. All issues on merits including limitation are expressly kept open to be agitated before the arbitral tribunal appointed hereby. 6. 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. (AMIT BORKAR, J.) 4