MAMTA JHAversusM/S TMF HOSPITALITY LLP

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                           SHABNOOR

                              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  ORDINARY ORIGINAL CIVIL JURISDICTION
SHABNOOR
AYUB
PATHAN                           ARBITRATION APPLICATION NO. 136 OF 2026
Digitally signed by
SHABNOOR AYUB
PATHAN
Date: 2026.08.19      Mamta Jha                                    … Applicant
17:59:05 +0530
                               V/s.
                      M/s Tmf Hospitality LLP                      … Respondent

                      Ms. Chitra Kawalekar i/b Adv. Karan Dogra for
                      Applicant.
                      Mr. Nipun Mane Designated Partner of Respondent.

                                                  CORAM      : AMIT BORKAR, J.

                                                  DATED      : AUGUST 19, 2026

                      P.C.:
                      1.      The present Application has been filed under Section 11 of
                      the Arbitration and Conciliation Act, 1996 (“the Act”), seeking
                      appointment of an arbitrator for adjudication of the disputes and
                      differences stated to have arisen between the parties in
                      connection with the Business Arrangement Agreement dated 17
                      December 2023 and the Addendum thereto dated 11 February
                      2024. The arbitration agreement between the parties is
                      contained in Clause 15 of the Business Arrangement Agreement
                      dated 17 December 2023. In the interest of brevity, the said
                      arbitration clause is not reproduced herein. It would suffice to
                      observe that this Court has jurisdiction to entertain and decide
                      the present Application.




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2.    The record indicates that the Applicant invoked the
arbitration agreement by issuing a notice dated 28 November
2025. No response to the said notice of invocation has been
placed on record.

3.    Upon being satisfied that a valid and subsisting arbitration
agreement exists between the parties and that the arbitration
agreement has been duly invoked by the Applicant, this Court is
of the view that the disputes and differences arising between the
parties in connection with the aforesaid agreements deserve to
be referred to arbitration before a Sole Arbitrator.

4.    In view of the above, the present Application under
Section 11 of the Act, along with the Application filed under
Section 9 of the Act, is disposed of in terms of the following
order:

         A) Ms. Shubhra Swami Paranjape, an advocate of
         this Court, is hereby appointed as the Sole
         Arbitrator to adjudicate upon the disputes and
         differences between the parties arising out of and
         in connection with the Agreement referred to
         above;

         Office     Address:-1101,   11th    Floor,    1Infinity
         (Formerly known as Ramnimi Fort), Cawasji Patel
         Street, Mumbai 400001

         Email ID: [email protected]

         B) A copy of this Order will be communicated to



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the Learned Sole Arbitrator by the Advocates for
the Applicant within a period of one week from
today. The Applicant 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) read with Section 12(1) of the
Act to the Advocates for the Applicant so as to
enable them to file the same in the Registry of this
Court. The Registry of this Court shall retain the
said Statement on the file of this Applicant and a
copy of the same shall be furnished by the
Advocates for the Applicant to the Advocates for
the Respondent;

D) The Learned Sole Arbitrator is requested to
forward the statutory Statement of Disclosure
under Section 11(8) 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;

E) 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,


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         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;

         F) All arbitral costs and fees of the Arbitral Tribunal
         shall be borne by the parties equally in the first
         instance, and shall be subject to any final Award
         that may be passed by the Tribunal in relation to
         costs.

5.    All issues on merits are expressly kept open to be agitated
before the arbitral tribunal appointed hereby.

6.    All actions required to be taken pursuant to this order
shall be taken upon receipt of a downloaded copy as available
on this Court’s website.

                                           (AMIT BORKAR, J.)




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