Bombay High Court

M/S BHAGWAN SHIKSHAN PRASARAK MANDAL THROUGH ITS SECRETARY RAJIV YADAVRAO KHEDKARversusGARUD ZEP CAREER ACADEMY THROUGH ITS PROPRIETOR MR NILESH SAHEBRAO SONAWANE

Disposal: DISPOSED OFF
Bench: ARUN R PEDNEKER

Holding

The Court appointed Shri Shankar Trimbakrao Dhawale as the sole arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996.

Summary

The application was filed under Section 11 of the Arbitration and Conciliation Act, 1996 seeking appointment of a sole arbitrator pursuant to Clause 20 of a Memorandum of Understanding dated 28‑02‑2022 between M/s Bhagwan Shikshan Prasarak Mandal and Garud Zep Career Academy. The MOU provided that disputes first be attempted to resolve by mutual discussion and, failing that, by arbitration through a sole arbitrator appointed under the Act. The applicant served a notice on 04‑07‑2023 naming three arbitrators; the respondent agreed to Shri Shankar Trimbakrao Dhawale, a retired district judge, but failed to effect the appointment. The High Court, after hearing, exercised its power under Section 11 to appoint Shri Shankar Trimbakrao Dhawale as the sole arbitrator and issued procedural directions, including disclosure, communication and interim‑application provisions. The order also preserved the respondent’s right to raise jurisdictional objections under Section 16 and allowed interim applications under Section 17. The arbitration application was disposed with the appointment order.

Issues considered

Can the Court appoint a sole arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996 when the parties fail to do so?
Does the respondent retain the right to challenge the tribunal’s jurisdiction under Section 16 of the Act?

Legislation cited

Arbitration and Conciliation Act, 1996 — s. 11, 11(8), 12(1), 16, 17

Subjects

Arbitration
Appointment of arbitrator
Section 11
Memorandum of Understanding
Jurisdiction
Interim application
Disclosure

Judgment

2026:BHC-AUG:9958

Arb. Appln. No. 24/2025
1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD

3 ARBITRATION APPLICATION NO. 24 OF 2025

M/S BHAGWAN SHIKSHAN PRASARAK MANDAL THROUGH ITS
SECRETARY RAJIV YADAVRAO KHEDKAR
VERSUS
GARUD ZEP CAREER ACADEMY THROUGH ITS PROPRIETOR MR
NILESH SAHEBRAO SONAWANE
...
Advocate for Applicant : Mr. G.R.Syed
Advocate for Respondent : Mr. K.D. Jadhav
...
CORAM : ARUN R. PEDNEKER, J.
Dated : March 09, 2026
P.C. :

1 Heard.
2. The present application is filed under section 11 of the Arbitration
and Conciliation Act, 1996 for appointment of Arbitrator.
3. The learned counsel for the applicant submits that disputes have
arisen between the parties out of Memorandum of Partnership (MOU)
dated 28.2.2022. Clause No.20 of the MOU provides for resolution of the
disputes by arbitration. Clause 20 of MOU is as under :-
“20. Arbitration :
1. It has been mutually agreed between the parties hereto
that in case of any disputes arising between the parties hereto in
the matter of implementations of the terms of MOU or its
understanding or its enforcement, the same shall be resolved
among both the parties by way of mutual discussion.
2. In case no solution is arrived after the mutual discussion,
the matter shall be resolved through a sole arbitrator appointed
in accordance to the Arbitration and Conciliation Act.”
4. The learned counsel for the applicant submits that he has issued
Arb. Appln. No. 24/2025
2

notice to the respondent for appointment of arbitrator, but he failed to
appoint the arbitrator. Hence, the present arbitration application is filed.
5. The learned counsel for the applicant submits that in the notice
dated 4.7.2023 he has given three names of arbitrators. The learned
counsel for respondent has agreed to the name of Shri Shankar
Trimbakrao Dhawale, Retired District Judge, who can be appointed as an
Arbitrator to decide the disputes arising between them.
5. Accordingly, the arbitration application is disposed of with following
order :
a] Appointment of Arbitrator :-
Shri Shankar Trimbakrao Dhawale, Retired District Judge, is
appointed to act as sole arbitrator to adjudicate upon the disputes
between the parties.
b] Communication to Arbitrator of this order :
(i) A copy of this order will be communicated to the learned Sole
Arbitrator by the Advocates for the applicant within one week from the
date this order is uploaded.
(ii) In addition, within one week of this order being uploaded, the
Registry will forward an ordinary copy of this order to the learned Sole
Arbitrator at the following post and email addresses :

Arbitrator : Shri Shankar Trimbakrao Dhawale,
Address : R/o. K-16, Jabinda Residency, Devanagari,
Shahanoorwadi, Aurangabad
c] Disclosure :
The learned Sole Arbitrator is requested to forward the necessary
statement of disclosure under Section 11 (8) read with Section 12 (1) of
the Arbitration Act to the Registrar of this Court, referencing this
Arb. Appln. No. 24/2025
3

arbitration application, as soon as possible, and in any case sufficiently
before entering upon the reference to arbitration. That statement will be
retained by the Registrar on the file of this application. Copies will be
given to both sides.
d] Appearance before the Arbitrator :
Parties will appear before the learned Sole Arbitrator on such date
and at such place as the learned Sole Arbitrator nominates to obtain
appropriate directions in regard to fixing a schedule for completing
pleadings, etc.
e] Contact / communication information of the parties :
Contact and communication particulars are to be provided by both
sides to the learned Sole Arbitrator within one week of this order being
uploaded. The information is to include a valid and functional email
address.
f] Section 16 application :
The respondent is at liberty to raise all questions of jurisdiction
within the meaning of section 16 of the Arbitration Act. All contentions
are left open.
g] Interim Application/s :
(i) Liberty to the parties to make an interim application or
interim applications including (but not limited to) interim
applications under Section 17 of the Arbitration &
Conciliation Act, 1996 before the learned Sole Arbitrator.
(ii) Any such application will be decided in such manner
and within such time as the learned Sole Arbitrator deems fit.
h] Fees :
The arbitral tribunal’s fees shall be governed by the Bombay High
Court (Fee Payable to Arbitrators) Rules, 2018.
Arb. Appln. No. 24/2025
4

i] Venue and seat of arbitration :
Seat of the arbitration would be governed by the provisions of the
agreement executed between the parties.

[ARUN R. PEDNEKER, J.]
ssc/-

Continue reading with your account

Checking your session…