Bombay High Court

Mr Ashok Kumar Ram Milan SinghversusM/S MANOJ KUMAR CONSTRUCTION COMPANY AND OTHERS

Disposal: DISPOSED OFF
Bench: ARUN R PEDNEKER

Holding

The court appointed Advocate Mr. Mukul S. Kulkarni as sole arbitrator to adjudicate the dispute.

Summary

The applicant filed an arbitration application under Section 11 of the Arbitration and Conciliation Act, 1996 seeking appointment of an arbitrator pursuant to Clause 18 of a reconstituted partnership deed dated 16‑01‑2007. The applicant issued a notice on 29‑09‑2025 invoking the arbitration clause, while the respondent denied any dispute and contended that the claim was barred by limitation. The court examined the partnership deed and held that a genuine dispute existed concerning its construction and that the arbitration clause was enforceable. Exercising its power under Section 11(6), the court appointed Advocate Mr. Mukul S. Kulkarni as sole arbitrator and gave detailed procedural directions. The order also preserved the respondent’s right to raise jurisdictional challenges under Section 16 and to file interim applications under Section 17.

Issues considered

Whether a dispute exists between the parties under the partnership deed.
Whether the arbitration clause in Clause 18 is enforceable under the Arbitration and Conciliation Act, 1996.
Whether the court can appoint an arbitrator under Section 11(6) of the Act.
Whether the respondent’s limitation defence bars the arbitration proceedings.
Whether the respondent may challenge the arbitrator’s jurisdiction under Section 16 of the Act.

Legislation cited

Arbitration and Conciliation Act, 1996 — s. 11(6), 11(8), 12(1), 16, 17

Subjects

Arbitration
Partnership deed
Section 11 appointment
Limitation defence
Jurisdiction under Section 16
Interim relief under Section 17
Indian Arbitration Act

Judgment

2026:BHC-AUG:11885

IN THE JUDICATURE OF HIGH COURT AT BOMBAY
BENCH AT AURANGABAD

966 ARBITRATION APPLICATION NO. 53 OF 2025

Mr Ashok Kumar Ram Milan Singh
VERSUS
M/s Manoj Kumar Construction Company And Others
...
Advocate for Applicant : Mr. J. N. Singh h/f Mr. Sange Sunil Laxmanrao
Advocate for Respondents No.3 to 5: Mr. S. S. Kulkarni h/f Mr. Azad Suraj H.
...
CORAM : ARUN R. PEDNEKER, J.
Dated : March 18, 2026
PER COURT :

1. Heard.

2. The present application is filed under Section 11 of the Arbitration and

Conciliation Act, 1996 for appointment of an Arbitrator. The learned Counsel

for the applicant submits that there is a partnership deed between the

parties and Clause 18 of the Reconstituted Deed of Partnership dated

16/01/2007 provides for resolution of disputes through arbitration. It is

submitted that if any dispute arises between the parties, the same can be

adjudicated in terms of Clause 18, which reads as under:

“18. That, any dispute or difference which may arise between the

parties or their representatives with regard to construction, meaning

and effect of this dead or any part thereof or in respect to accounts,

profits or losses of the business or any other matter relating to them

partnership business either during or after the partnership shall be

referred to Arbitration under “Indian Arbitration Act”, in force, at he

time of the dispute.”

3. The dispute has arisen between the parties. The learned Counsel for

the applicant submits that he has issued a notice dated 29/09/2025 invoking

the arbitration clause. The respondent has replied to the said notice by reply

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966 Arb Appln 53-2025

dated 24/10/2025 contending that there is no dispute between the parties

and that all disputes have already been settled and the claim is barred by

limitation.

4. Prima facie, there is a dispute between the parties arising out of the

Partnership Deed and this Court deems it appropriate to exercise powers

under Section 11(6) of the Arbitration and Conciliation Act for appointment

of an Arbitrator.

5. The parties are ad idem and have agreed to appoint learned

Advocate Mr. Mukul S. Kulkarni for Arbitration of the disputes between the

parties. Accordingly, the arbitration application is disposed of with

following order :

a] Appointment of Arbitrator :-
Advocate Mr. Mukul S. Kulkarni 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 : Advocate Mr. Mukul S. Kulkarni
Address : B-7, 2nd Floor, Pratap Complex, Labour

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966 Arb Appln 53-2025

Chowk, N-2, CIDCO, Aurangabad.
Phone No. : 9890611131
E-mail : [email protected]

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 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 and the parties
to obtain appropriate directions from the arbitrator 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

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966 Arb Appln 53-2025

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 :
As per the Arbitration and Conciliation Act.

i] Sharing of costs and fees :

As per the Arbitration and Conciliation Act.

J] Venue and seat of arbitration :

Seat of the arbitration would be governed by the provisions of the
agreement executed between the parties.

All the contentions of the parties are kept open to be urged before

the learned Arbitrator.

( ARUN R. PEDNEKER, J. )

vj gawade/-.

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