Parth Dayabhai SutariaversusDigital Refresh Network P Limited

                                                                          8-ARBAP-208-26-F.doc



                                                                                    Sayali


                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                               ORDINARY ORIGINAL CIVIL JURISDICTION

                              ARBITRATION APPLICATION NO. 208 OF 2026
SAYALI
DEEPAK
UPASANI
                   Parth Dayabhai Sutaria                          … Applicant
Digitally signed
                               V/s.
by SAYALI          Digital Refresh Network Pvt. Ltd                … Respondent
DEEPAK
UPASANI
Date:
2026.08.20
15:27:40 +0530     Mr. Dinesh Kumar Dubey with Mr. Rohit Kumar
                   Pandey, for Applicant.
                   Mr. S. S. Nikam i/b Amey Shivalkar, for Respondent.

                                                CORAM       : AMIT BORKAR, J.

                                                DATED       : AUGUST 20, 2026

                   P.C.:
                   1.      The present Application has been instituted under Section
                   11 of the Arbitration and Conciliation Act, 1996, hereinafter
                   referred to as “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 Agreement
                   dated 09th October, 2023. The arbitration agreement between
                   the parties is contained in Clause 21 of the said Agreement, a
                   copy whereof is placed on record at page 48 of the Application.
                   In the interest of brevity, the arbitration clause is not reproduced
                   herein. It would suffice to observe that the present Application
                   falls within the territorial jurisdiction of this Court.



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2.    It appears from the material placed on record that the
Applicant invoked the arbitration agreement by issuing a notice
dated 30th January, 2026. By its response dated 17th February,
2026, the Respondent has accepted the existence of the
arbitration agreement between the parties.

3.    Upon consideration of the material placed on record, I am
satisfied that a valid and subsisting arbitration agreement exists
between the parties and that the Applicant has duly invoked the
arbitration clause contained therein. In the circumstances, the
disputes and differences arising out of and in connection with
the Agreement dated 09th October, 2023 are required to be
referred to arbitration for adjudication by a Sole Arbitrator.

4.    In view of the aforesaid, the present Application filed
under Section 11 of the Act deserves to be disposed of by
passing the following order:

         A) Mr. Mutahhar Khan, 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:-C/o Sharan Jagtiani, Ground Floor,
         Oval House, British Hotel Lane, Fort, Mumbai- 400
         001.

         Email ID: [email protected]




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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
regard to conduct of the arbitration including fixing
a schedule for pleadings, examination of witnesses,


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         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;

         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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