Created by Fuzzy Cloud

High Court of Gujarat

M/S DINESHCHANDRA AQUATECH JVversusM/S TURBOTECH INFRANET PRIVATE LIMITED

Decided
Disposal
53-ALLOWED / GRANTED @ ADM.STAGE

Holding

The Court may appoint a sole arbitrator under the Arbitration Act when the parties cannot agree on a nominee.

Summary

M/s Dineshchandra Aquatech JV filed a petition under the Arbitration Act No. 88 of 2026 seeking appointment of an arbitrator to resolve its dispute with M/s Turbotech Infranet Private Limited. The parties agreed to the appointment of an arbitrator but could not agree on the individual's name. The issue before the High Court of Gujarat was whether it could appoint a sole arbitrator when the parties failed to reach consensus. The Court exercised its statutory authority under the Arbitration Act and the Arbitration Centre (Domestic and International) Rules, 2021 to appoint Hon’ble Mr. Justice D.G. Karia as the sole arbitrator. The order directed the registry to communicate the appointment to the arbitrator and allowed the petition.

Issues considered

  • Whether the Court can appoint a sole arbitrator when the parties cannot agree on the arbitrator's name under the Arbitration Act, 2026

Subjects

  • Arbitration
  • Appointment of Arbitrator
  • Arbitration Act 2026
  • High Court of Gujarat
  • Arbitration Rules 2021

Judgment

      C/ARBI.P/88/2026                        ORDER DATED: 03/07/2026




      IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

      R/PETN. UNDER ARBITRATION ACT NO. 88 of 2026

=============================================
                M/S DINESHCHANDRA AQUATECH JV
                            Versus
            M/S TURBOTECH INFRANET PRIVATE LIMITED
=============================================
Appearance:
MR DEV R SHAH(12505) for the Petitioner(s) No. 1
MR AMIT P PATEL(3498) for the Respondent(s) No. 1
MR. S. D. BROACHA(14269) for the Respondent(s) No. 1
=============================================

 CORAM:HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE
       SUNITA AGARWAL

                         Date : 03/07/2026

                              ORAL ORDER


1.     Heard learned advocates for the parties and perused the
record.

2.     The learned advocates for the parties are agreeable for
appointment of an arbitrator, but they have not reached at a
consensus on the name of the arbitrator.

3.     Hence, I pass the following


                                ORDER


i.     Petition is allowed.

ii.    Hon’ble Mr. Justice D.G.Karia, Former Judge, High Court
        of Gujarat having residence at 304-305, Akshar Arcade,
        Opp. Memnagar Fire Station, Navrangpura, Ahmedabad



                                Page 1 of 2
              C/ARBI.P/88/2026                                                             ORDER DATED: 03/07/2026




                 – 380014 and Bunglow No. 12, Sarvottam Nagar Society,
                 Opp. Memnagar Fire Station, Navrangpura, Ahmedabad-
                 380014,                       Mobile                     No.9824409936,                              Email:
                 [email protected] is hereby appointed as the sole
                 Arbitrator to resolve the disputes between the parties in
                 accordance with the Arbitration Centre (Domestic and
                 International), High Court of Gujarat Rules, 2021. Both
                 the parties would also be governed by the said Rules.

      iii.       Registry to communicate this order to the sole Arbitrator
                 forthwith by Speed Post.

      iv.        Pending application/s, if any, stands consigned to
                 records.



                                                                            (SUNITA AGARWAL, CJ )
      BIJOY B. PILLAI




Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: BIJOY BALAKRISHNA PILLAI(HC00202), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 07/07/2026 10:25:29


                                                             Page 2 of 2


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.