Bombay High Court
GOMA PROCESS TECHNOLOGIES PRIVATE LIMITEDversusSHREE SARWESHWAR ENTERPRISES PRIVATE LIMITED
- Decided
- Disposal
- Disposed Off
Holding
The Court appointed Mr. Rajesh Datar as the sole arbitrator, holding that the objection to the suggested name did not preclude appointment under Section 11.
Summary
The petitioner, Goma Process Technologies Pvt. Ltd., invoked the arbitration clause in its contract with Shree Sarweshwar Enterprises Pvt. Ltd. and filed an arbitration petition under Section 11 of the Arbitration and Conciliation Act, 1996. The respondents agreed to the arbitration clause but objected to the petitioner’s suggestion of the arbitrator’s name. The Court examined whether the procedural requirements of Section 11 were satisfied and whether the objection to the suggested arbitrator affected the appointment. Finding that all statutory requisites were met, the Court appointed Mr. Rajesh Datar as the sole arbitrator and issued procedural directions for the arbitration. The petition was subsequently disposed of after the appointment order.
Issues considered
- Whether the petitioner’s suggestion of an arbitrator’s name can be rejected by the respondent under the Arbitration and Conciliation Act, 1996.
- Whether the requirements of Section 11 of the Act for appointing an arbitrator were fulfilled.
Legislation cited
- Arbitration and Conciliation Act, 1996 — s. 11, 11(8), 12(1)
Subjects
- Arbitration
- Appointment of arbitrator
- Section 11
- Arbitration clause
- Procedural compliance
- Arbitration petition
Judgment
LSP 1 902 arp 133.26.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
Arbitration Petition No. 133 of 2026
Goma Process Technologies Pvt. Ltd. … Petitioner
v/s.
Shree Sarweshwar Enterprises Pvt. Ltd. … Respondents
Mr. Rahul Chitnis a/w. Ms. Advocate for the petitioner.
Hema Desai i/b.Jayesh Desai &
Associates
Ms. Sanika Thakare i/b. SSB Advocate for the Respondents.
Legal Advisory
CORAM : S.M. MODAK, J
DATE : 27th August 2026.
P.C. :
1. Heard learned counsel for the Petitioner and learned Advocate
for the Respondents.
2. There is no dispute about the arbitration clause Nos.9 and 10
Digitally
signed by
LATA
in Terms and Conditions. The Clauses are on Page No.74. After
LATA SUNIL
SUNIL PANJWANI
PANJWANI Date:
2026.08.29
13:37:29
+0530
occurrence of the dispute the Petitioner has also invoked the
arbitration clause and suggested the name of the Advocate. By way
of reply, the Respondent is aggreable about the arbitration clause but
only grievance was that the Petitioner ought not to have suggested
the name of the Advocate.
LSP 2 902 arp 133.26.doc
3. In view of the above, the Petitioner has invoked the
jurisdiction of the Court under Section 11 of the Act. The
requirements are satisfied. The place of arbitration will be at Thane.
Let Advocate Mr. Datar from Thane be appointed as an Arbitrator.
Hence, the following order:
ORDER
A) Mr. Rajesh Datar, a learned advocate of this Court is
hereby appointed as the Sole Arbitrator to adjudicate
upon the disputes and differences between the parties
arising out and in connection with the the matter referred
above;
Office address :- G2- S.P. Business Centre, Ground floor,
Haman House, Ambalal Doshi Marg,
Fort, Mumbai – 01.
Email id : - [email protected]
Contact No. - 9819519315 and 9320306363
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)
LSP 3 902 arp 133.26.doc
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 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.
4. Arbitration Petition is disposed of.
(S.M. MODAK, J.)
Checking your session…