Kotak Mahindra Bank through Deputy Manager Poonam PawarversusMohamad Samsher

                                                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




                                 1
                                                     18-ARBAP-211-2026-FM.doc


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




                                  2
                                        18-ARBAP-211-2026-FM.doc


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



                      3
                                                    18-ARBAP-211-2026-FM.doc


           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.)




                                    4