Bombay High Court
D Y PATIL INTERNATIONAL SCHOOLversusJacob Paul
- Decided
- Disposal
- DISPOSED OFF
Holding
The court held that a valid and subsisting arbitration agreement existed and was properly invoked, warranting the appointment of a sole arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996.
Summary
The DY Patil International School filed an arbitration application under Section 11 of the Arbitration and Conciliation Act, 1996, invoking an arbitration clause in an agreement dated 17 July 2023. The respondent, Jacob Paul, contested the appointment, leading the court to examine whether a valid and subsisting arbitration agreement existed and had been properly invoked. The court found that the arbitration clause was enforceable and that the notice dated 23 January 2026 duly triggered the arbitration mechanism. Consequently, the court exercised its power under Section 11 to appoint Mr. Jash Gandhi as the sole arbitrator. The order also directed procedural steps, including disclosure statements, communication details, and cost allocation, and disposed of the commercial arbitration application.
Issues considered
- Whether a valid arbitration agreement exists between the parties
- Whether the arbitration agreement has been duly invoked under Section 11
- Whether the High Court has jurisdiction to appoint a sole arbitrator
Legislation cited
- Arbitration and Conciliation Act, 1996 — s. 11, 11(8), 12(1)
Subjects
- Arbitration
- Section 11
- Arbitration agreement
- Appointment of arbitrator
- High Court of Bombay
- Arbitration costs
Judgment
22-ARBAP-206-26-FM.doc
Sayali
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
SAYALI
DEEPAK
UPASANI ARBITRATION APPLICATION NO. 206 OF 2026
Digitally signed by
SAYALI DEEPAK
UPASANI
Date: 2026.10.08
DY Patil International School … Applicant
18:22:09 +0530
V/s.
Jacob Paul … Respondent
Ms. Kashmira D. i/b APS Law Associates, for the
Applicant.
CORAM : AMIT BORKAR, J.
DATED : OCTOBER 8, 2026
P.C.:
1. The present Application has been filed under Section 11 of
the Arbitration and Conciliation Act, 1996 (“the Act”), seeking the
appointment of an Arbitrator for adjudication of the disputes and
differences stated to have arisen between the parties under an
Agreement dated 17 July, 2023. The arbitration agreement
between the parties is contained in Clause 12.15 of the said
Agreement, a copy whereof is placed at pages 33-43 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 falls within the jurisdiction of this Court.
2. The record indicates that the Applicant invoked the
arbitration agreement by issuing a notice dated 23 January, 2026.
3. Upon perusal of the material placed on record, it is evident
that the arbitration agreement has been duly invoked by the
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Applicant.
4. This Court is satisfied that a valid and subsisting arbitration
agreement exists between the parties and that the said agreement
has been duly invoked. It would, therefore, be appropriate to refer
the disputes and differences arising out of or in connection with
the aforesaid Agreement dated 17 July, 2023 to the arbitration
before a Sole Arbitrator.
5. In the aforesaid circumstances, the present Application under
Section 11 of the Act, is deserved to be disposed of in terms of the
following order:
A) Mr. Jash Gandhi, 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:- 3rd Office, Brady House Building, 2nd
Floor, Kala Ghoda, Mumbai – 400 001.
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
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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 parties shall appear before the Learned Sole
Arbitrator on such date and at such place as may be
indicated by the Learned Sole Arbitrator, for obtaining
appropriate directions with regard to the conduct of the
arbitral proceedings, including fixing the schedule for
filing of pleadings, examination of witnesses, if any, and
dates of hearing. At such meeting, the parties shall
furnish to the Arbitral Tribunal valid and functional
email addresses, together with the mobile and landline
telephone numbers of their respective Advocates.
Communications sent to the said email addresses shall
constitute valid service of correspondence in connection
with the arbitral proceedings.
E) All arbitral costs and fees of the arbitration and of
the Arbitral Tribunal shall be borne by the parties equally
in the first instance. The same shall, however, remain
subject to any final Award that may be passed by the
Arbitral Tribunal in relation to costs.
6. The Learned Sole Arbitrator shall be at liberty to adjudicate
upon the claims and counterclaims, if any, and to determine all
questions relating to merits, in accordance with law.
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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.
8. The Commercial Arbitration Application stands disposed of
in above terms.
(AMIT BORKAR, J.)
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