IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
ARBITRATION PETITION NO. 249 OF 2020
IN
ARBITRATION PETITION NO. OF 2025
In the matter of Sections
11(6),
of Arbitration And
Conciliation
Act, 1996
M/s. Zenith Infratech )
having office at C/o Hoosaini Auto Mart, )
G1, Hoosaini Plaza, 24, S. V. Road, )
Bhardawadi Junction, Andheri (W), )
Mumbai - 400058
)…Applicant/Petitioner
Versus
M/s Simplex Infrastructures Ltd., )
Having registered office at Simplex House, 27, )
Shakespeare Sarani, Kolkata, )
West Bengal - 700017. )…Respondent
TO, THE HON’BLE CHIEF JUSTICE AND OTHER
PUISNE JUDGES OF THE HIGH COURTOF BOMBAY
THE HUMBLE PETITION OF THE
APPLICANT/PETITIONER
ABOVEMANED:
MOST RESPECTFULLY SHWETH:
1. The present Petition is filed by the Applicant/Petitioner
under Section 11(5) of the Arbitration and Conciliation
Act, 1996 (hereinafter referred to as “the said Act“) for
the Appointment of an Arbitrator in terms of Clause 12
and of Quotation bearing Ref. No.AL/Q/17-18 dated 5 th
June, 2017 and the said Work Order bearing Clause No.
17. Both the above mentioned clauses are reproduced
hereinafter:
“Clause 12 Any dispute in relation to this Agreement
will be subject to arbitration in Mumbai Jurisdiction.
Clause 17 In the event of any difference or dispute
arising out of or in connection with this Work Order, the
same shall be first amicably settled by mutual dialogue.
If the parties fail to settle their difference or dispute
arising out of or in connection with this work order
(including interpretation of the terms thereof), the
same shall be referred to Arbitration. The Arbitration
proceedings shall be conducted by a single Arbitrator
appointed by the Company Secretary of Simplex
Infrastructures Ltd., and the award/decision of such
arbitrator shall be final and binding upon both the
parties. The venue of the arbitration shall be Kolkata.
However, the work shall not be stopped during the
pendency of the proceedings and it shall be ensured
that such work is proceeded uninterruptedly.”
2. The Respondent viz., M/s Simplex Infrastructures Ltd.,
was in need for 1 number of P & H 335 Crawler Crane
for the Respondent’s work site at Chennai and
therefore, approached the Applicant/Petitioner and
requested to provide Quotation to the Respondent. That
pursuant to request made by the Respondent, the
Applicant/Petitioner provided its Quotation bearing Ref.
No.AL/Q/ 17—18 dated 5th June 2017 the Respondent
vide email dated 5th June, 2017. Hereto annexed and
marked as EXHIBIT – ‘A’ is the copy of the Quotation
bearing Ref. No.AL/Q/ 17—18 dated 5th June 2017 and
EXHIBIT – ‘B’ is the copy of the Email dated 5 th June,
2017 addressed by the Applicant/Petitioner to the
Respondent
3. That upon discussions, deliberations and negotiations
by and between you the addresses and my client, you
the addressee was initially pleased to issue Letter of
Intent bearing Ref. No.011/BHELBP/ZENITH/LOI/Vol. -
1/20010 dated 09.06.2017 and Work Order bearing Ref.
No. No‘011/BHEL/TPS/PRW/WOC/OO1/VOL
02/1001150 dated 28.06.2017 (hereinafter referred to
as “the said Work Order) in favor of the
Applicant/Petitioner for Supply of 1 Number P & H 335
Crawler Crane at Chennai Site. The said Work Order
contains various terms and conditions which are set out
therein. It is pertinent to mention here that initially the
said Work Order was for the period 01.07.2017 to
31.12.2017 and thereafter work was extended by the
Respondent from time to time without issuing further
extended Work Order. It is further pertinent to mention
here that the Applicant/Petitioner continuously followed
up with the Respondent for extension of Work Order.
That upon the receipt of the aforesaid Work Order, the
Applicant/Petitioner mobilized 1 Number of P & H 335
Crawler Crane at the abovesaid work site.
4. That Applicant/Petitioner has thereafter successfully
executed and completed the work under the aforesaid
Work Order. Further, the Respondent has never ever
raised any dispute/protest or demur with the work
executed and completed by the Applicant/Petitioner and
also the Invoices raised by the Applicant/Petitioner
upon the Respondent.
5. That the Applicant/Petitioner has from time to time
raised its Bill/Invoices on the Respondent for the work
executed and completed by the Applicant/Petitioner and
the Respondent have made payments on account to the
Applicant/Petitioner against Bills/Invoices starting from
June 2017 till June 2019. The details of the
Bills/Invoices raised by my client on you the addressee
are as under:
Sr. Bill (No. and Date) Amount (In
No. Rs.)
1. ZI/SIL/05/17-18 dated Rs.1,80,000/-
27.06.2017
2. ZI/SIL/10/17-18 dated Rs.1,06,200/-
01.09.2017
3. ZI/SIL/11/17-18 dated Rs.1,39,703/-
01.09.2017
4. ZI/SIL/12/17-18 dated Rs.81,691/-
01.10.2017
5. ZI/SIL/16/17-18 dated Rs.1,06,200/-
01.11.2017
6. ZI/SIL/20/17-18 dated Rs.63,720/-
01.12.2017
7. ZI/SIL/22/17-18 dated Rs.1,50,736/-
01.01.2018
8. ZI/SIL/24/17-18 dated Rs.2,12,400/-
01.02.2018
9. ZI/SIL/26/17-18 dated Rs.2,12,400/-
01.03.2018
10. ZI/SIL/27/17-18 dated Rs.2,12,400/-
31.03.2018
11. ZI/SIL/01/18-19 dated Rs.2,12,400/-
30.04.2018
12. ZI/SIL/05/18-19 dated Rs.2,12,400/-
31.05.2018
13. ZI/SIL/09/18-19 dated Rs.2,12,400/-
30.06.2018
14. ZI/SIL/10/18-19 dated Rs.2,12,400/-
31.07.2018
15. ZI/SIL/13/18-19 dated Rs.2,08,974/-
31.08.2018
16. ZI/SIL/14/18-19 dated Rs.1,95,408/-
30.09.2018
17. ZI/SIL/19/18-19 dated Rs.2,08,315/-
31.10.2018
18. ZI/SIL/2/18-19 dated Rs.2,04,231/-
30.11.2018
19. ZI/SIL/26/18-19 dated Rs.2,12,400/-
31.12.2018
20. ZI/SIL/29/18-19 dated Rs.2,12,400/-
31.01.2019
21. ZI/SIL/33/18-19 dated Rs.2,10,018/-
28.02.2019
22. ZI/SIL/36/18-19 dated Rs.2,12,400/-
31.03.2019
23. ZI/SIL/02/19-20 dated Rs.2,12,400/-
30.04.2019
24. ZI/SIL/06/19-20 dated Rs.2,12,400/-
31.05.2019
25. ZI/SIL/09/19-20 dated Rs.57,185/-
30.06.2019
Total Rs.44,61,181/-
Hereto annexed and marked as EXHIBIT – ‘C’ is the
copy of the Invoices referred as above.
6. That the Respondent vide email dated 24th May, 2019
informed the Applicant/Petitioner that Crawler Crane
would be de-hired with effect from 08 th June, 2019.
Hereto annexed and marked as EXHINIT – ‘D’ is the
copy of Email dated 24th May, 2019 addressed by the
Respondent to the Applicant/Petitioner.
7. That the Respondent has made on account payment of
Rs.31,36,759/- (Rupees Thirty One Lakhs Thirty Six
Thousand Seven Hundred Fifty Nine Only) out of the
total amount of Rs.44,61,181/- (Rupees Forty Four
Lakhs Sixty One Thousand One Hundred Eighty One
Only) leaving a sum of Rs.13,24,422/- (Rupees Thirteen
Lakhs Twenty Four Thousand Four Hundred and
Twenty Two Only) due, owing and payable by the
Respondent. That the Applicant/Petitioner has
persistently requested and reminded the Respondent
via, emails to make payment of outstanding dues
aggregating to a sum of Rs.13,24,422/- (Rupees
Thirteen Lakhs Twenty Four Thousand Four Hundred
and Twenty Two Only) which is admittedly due, owing
and payable by the Respondent to the
Applicant/Petitioner. It is pertinent to mention here that
the Respondent vide email dated 27th April, 2022
admitted that the Respondent owe the
Applicant/Petitioner a sum of Rs.13,24,422/- (Rupees
Thirteen Lakhs Twenty Four Thousand Four Hundred
and Twenty Two Only). Hereto annexed and marked as
EXHIBIT – ‘E’ is the copy of the Email dated 27 th April,
2022 addressed by the Respondent to the
Applicant/Petitioner.
8. That the Applicant/Petitioner had address various
emails to the Respondent, however, the Respondent
have utterly failed and/or neglected to make the
Payment of Rs, 13,24,422/- (Rupees Thirteen Lakhs
Twenty Four Thousand Four Hundred and Twenty Two
Only) which is due, owing and payable by the
Respondent to the Applicant/Petitioner.
9. On account of failure/neglect/refusal by the Respondent
to pay outstanding dues to the Applicant/Petitioner,
there is clearly a dispute arisen by and between the
Respondent and the Applicant/Petitioner in terms of
Clause No.12 of Quotation bearing Ref. No.AL/Q/17-18
dated 5th June, 2017 and the said Work Order bearing
Clause No. 17. Both the above mentioned clauses are
reproduced hereinafter:
“Clause 12 Any dispute in relation to this Agreement
will be subject to arbitration in Mumbai Jurisdiction.
Clause 17 In the event of any difference or dispute
arising out of or in connection with this Work Order, the
same shall be first amicably settled by mutual dialogue.
If the parties fail to settle their difference or dispute
arising out of or in connection with this work order
(including interpretation of the terms thereof), the
same shall be referred to Arbitration. The Arbitration
proceedings shall be conducted by a single Arbitrator
appointed by the Company Secretary of Simplex
Infrastructures Ltd., and the award/decision of such
arbitrator shall be final and binding upon both the
parties. The venue of the arbitration shall be Kolkata.
However, the work shall not be stopped during the
pendency of the proceedings and it shall be ensured
that such work is proceeded uninterruptedly.”
Hereto annexed and marked as EXHIBIT – ‘F’ is the
copy of the Quotation bearing Ref. No.AL/Q/17-18 dated
5th June, 2017 Legal Notice dated 11th July, 2024 sent by
the Advocate for the Applicant/Petitioner to the
Respondent.
10. However, the Respondent has failed to reply to the
notice send to the Respondent by the
Applicant/Petitioner.
11. Hence, it is prayed on behalf of the Claimant/
Applicant/
Petitioner that:
(a) To allow the present Application and pass an Order
thereby appointing Sole Arbitrator _____________;
(b)To pass any other or further order(s) as this Hon’ble
Court may deem fit and proper in the given facts and
circumstances of the case in the interest of justice.
12. That the present Application is bonafide and in the
interests of
justice.
13. That irreparable loss and injury would be caused to the
Applicant/Petitioner in case the relief prayed for is not
granted.
For this Act of kindness, the Applicant/Petitioner shall always
remain duty bound for ever.
Dated this day of , 202t at Mumbai
Advocate for Applicant/Petitioner
Applicant/Petitioner
Verification
I, M/s. Zenith Infratech having office at C/o Hoosaini Auto
Mart, G1, Hoosaini Plaza, 24, S. V. Road, Bhardawadi
Junction, Andheri (W), Mumbai - 400058, the Petitioner
herein, do hereby verify that the contents of the above
application are true to the best of my knowledge and belief,
and nothing material has been concealed.
Verified and Affirmed at Mumbai
On this day of , 2025.
Deponent
Advocate for Applicant/Petitioner
