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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

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.)


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