4-ARP-114-26.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION ARBITRATION PETITION NO.114 OF 2026 Kamalasha Infrastructure and Engineering ...Petitioner Vs. M/s. Om Power and Infrastructure Prop ...Respondent ***** Ms. Chaitali Bhogle a/w. Mr.Vishal Tambat and Ms. Sejal Mhaskar Advocate for the Petitioner. None Advocate for the Respondent ***** CORAM : S. M. MODAK, J. DATE : 29th SEPTEMBER 2026 P. C. :- 1. Heard Ms. Chaitali Bhogle, learned advocate for the Petitioner. It is true on 21 August 2026 there is appearance on behalf of the Respondents and time was sought to file Vakalatnama and reply. Even on 22 September 2026 neither Vakalatnama was filed nor Reply. Today also no one is present on behalf of the Respondent. Sufficient rsk 1/5 4-ARP-114-26.doc time is granted. 2. A Letter is issued by the Petitioner to Respondent awarding contract for executing electrical erection services works in Varanasi. As per the petty contract works order for electrical works in Chandauli District under Varanasi Zone of Uttar Pradesh, there is an arbitration clause (Q), which is reproduced below: “Q. ARBITRATION/DISPUTE RESOLUTION: a. Any ambiguity or discrepancy concerning any of the provision of this agreement shall be mutually settled between the parties and will be reduced in writing. In case, the parties ae not able to resolve the same then the decision of KIEPL’s Managing Director shall be final, binding and conclusive. b. Any dispute or difference of any kind whatsoever arising between the parties in connection with or arising out of the Scope or this agreement or the sub-contract works shall in the first instance be resolved by discussion between the authorized representatives of both parties. In the event, the parties fail to arrive at any amicable settlement, then such disputes or differences shall be referred to the Managing Director of KIEPL whose decision shall be final & binding upon both the parties. c. In the event, the parties fail to arrive at any amicable settlement then all such disputes or differences shall be referred to arbitration consisting of three arbitrators. KIEPL and OMPE shall nomínate one arbitrator each and the two arbitrators so nominated shall appoint the third arbitrator who shall be presiding Arbitrator. rsk 2/5 4-ARP-114-26.doc d. The arbitration shall be conducted in accordance with the Indian Arbitration and Conciliation Act 1996 including all amendments from time to time. The decision of the Arbitral Tribunal shall be final and binding upon both the parties. e. Notwithstanding any other provision of this Agreement, where the dispute between the KIEPL and the OMPE is connected with or raises issues which relate to, or could give rise, to any dispute between the KIEPL and the OMPE(hereinafter referred as "Related Dispute" ) the parties herein agree that KIEPL shall submit the Related Dispute for resolution under the Contract and the OMPE shall be bound by the resolution of the dispute or any relevant determination by competent forum in Contract or finding or award in the Related Dispute that arises in connection with or applies to the dispute between KIEPL and OMPE. Further the OMPE shall render all assistance to the KIEPL in the resolution of the Related Disputes with Employer. f. The execution of work will continue, and OMPE shall not cause any direct or indirect hindrance or try to provoke any concerned authorities, even if the matter is under dispute resolution. g. The place of arbitration shall be Nasik. (Maharashtra) India. h. All legal disputes are subject to Nasik Jurisdiction.” 3. Dispute arose between the parties that is why the Petitioner has exhausted the arbitration clause and issued a notice dated 15 February 2026 to the Respondent. Case is made out for appointment of an arbitrator. Hence the following order: rsk 3/5 4-ARP-114-26.doc A) Ms. Jaya O. Sharma, Advocate is appointed as the Sole Arbitrator to adjudicate upon the disputes and differences between the parties arising out and in connection with the matter referred above; Office address : Shop No.622, Lotus Capital Building, Ashok Stambh, Nashik Email id : jayapangid@gmail.com Contact No.- 91 9986758567 B) A copy of this Order will be communicated to the learned sole Arbitrator by the Advocates for the Petitioner within a period of one week from the date of uploading of this order. The petitioner shall provide the contact and communication particulars of the parties to the Arbitral Tribunal along with a copy of this Order; 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 parties within a period of two weeks from receipt of a copy of this Order; D) 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 rsk 4/5 4-ARP-114-26.doc 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; E) All arbitral costs and fees of the Arbitral Tribunal shall be borne by the parties equally as per the Schedule, subject to the final outcome; F) The place of sitting will be at Nashik (Maharashtra) India. 4. Arbitration Petition is disposed of. [S. M. MODAK, J.] rsk 5/5