Bombay High Court
Kotak Mahindra Bank through Deputy Manager Poonam PawarversusAnil Kumar Jangid
- Decided
- Disposal
- DISPOSED OFF
Holding
The Court appoints Ms. Tulsi Shah as the sole arbitrator to adjudicate the disputes arising under the 2023 agreement.
Summary
Kotak Mahindra Bank filed multiple arbitration applications under Section 11 of the Arbitration and Conciliation Act, 1996, seeking the appointment of a sole arbitrator to resolve disputes arising from agreements dated 1 August 2023. The bank had issued notices invoking the arbitration clause on 24 December 2024 and 10 January 2025. The High Court examined the applications and, finding the arbitration agreements valid and within its jurisdiction, appointed Ms. Tulsi Shah as the sole arbitrator. The order directed the parties to provide contact details, required the arbitrator to file statutory disclosures under Sections 11(8) and 12(1), and stipulated that arbitral costs be shared equally pending any award. All substantive issues on the merits were left open for determination by the appointed arbitrator.
Issues considered
- The applicability of Section 11 of the Arbitration and Conciliation Act, 1996 for appointing an arbitrator
- The validity and enforceability of the arbitration clause contained in Clause 32.2 of the parties' agreement
- The procedural requirements for notifying the arbitrator and filing statutory disclosures
Legislation cited
- Arbitration and Conciliation Act, 1996 — s. 11, 11(8), 12(1)
Subjects
- Arbitration
- Section 11
- Sole arbitrator appointment
- Arbitration agreement
- Arbitral costs
- Statutory disclosure
Judgment
18-ARBAP-211-2026-FM.doc
Sayali
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
ARBITRATION APPLICATION NO. 211 OF 2026
WITH
ARBITRATION APPLICATION NO. 168 OF 2026
WITH
ARBITRATION APPLICATION NO. 159 OF 2026
WITH
ARBITRATION APPLICATION NO. 170 OF 2026
WITH
ARBITRATION APPLICATION NO. 160 OF 2026
WITH
ARBITRATION APPLICATION NO. 163 OF 2026
Kotak Mahindra Bank through Deputy
Manager Poonam Pawar … Applicant
V/s.
Sajid Ali Ansari … Respondent
Mr. Bijal Gogri i/b GNP Legal, for Applicant.
CORAM : AMIT BORKAR, J.
DATED : SEPTEMBER 3, 2026
P.C.:
1. The present Applications have been filed under Section 11
of the Arbitration and Conciliation Act, 1996, hereinafter
referred to as “the Act”, seeking the appointment of an
Arbitrator for adjudication of the disputes and differences stated
to have arisen between the parties in connection with the
Agreements dated 01 August 2023. The arbitration agreements
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between the parties is contained in Clause 32. 2 thereof, which
is placed on record at page 66-67 of the Application. In the
interest of brevity, the said arbitration clause is not reproduced
herein. It would suffice to observe that the present Application is
within the territorial jurisdiction of this Court.
2. It appears from the record that the Applicant invoked the
arbitration agreement by issuing a notice dated 24 December
2024. In ARBP No. 163 of 2026, the Applicant invoked the
arbitration agreement by issuing a notice dated 10 January
2025.
3. Hence the disputes and differences arising out of and in
connection with the Agreement dated 01 August 2023 are
required to be referred for adjudication to arbitration by a Sole
Arbitrator.
4. In view of the aforesaid, the present Application filed
under Section 11 of the Act, is disposed of by passing the
following order:
A) Ms.Tulsi Shah, 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:- 301A, Vardhaman Chambers, 17-
G, Cawasji Patel Street, Fort, Mumbai – 400 001
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Email ID:[email protected]
B) A copy of this Order will be communicated
to 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
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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;
5. 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.
6. All issues on merits are expressly kept open to be agitated
before the arbitral tribunal appointed hereby.
7. 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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