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Bombay High Court

K SERA SERA BOX OFFICE PVT LTDversusPARI ENTERTAINMENT LOUNGE

Decided
Disposal
DISPOSED OFF

Holding

The Court held that a valid arbitration agreement existed and was duly invoked, and therefore appointed Advocate Bharat Shantilal Mehta as the sole arbitrator.

Summary

The applicant, K Sera Sera Box Office Pvt Ltd, invoked an arbitration clause contained in agreements dated 3 October 2022 by issuing a notice on 8 October 2025. The respondent, Pari Entertainment Lounge, contested the appointment, leading the High Court to examine whether a valid arbitration agreement existed and had been properly invoked. The Court found that the arbitration agreement was subsisting and duly invoked, satisfying the requirements of Section 11 of the Arbitration and Conciliation Act, 1996. Consequently, the Court appointed Advocate Bharat Shantilal Mehta as the sole arbitrator to adjudicate the disputes. The order also directed procedural steps, including disclosure statements, communication details, and cost allocation, and left the arbitrator free to determine merits and costs in accordance with law.

Issues considered

  • Whether a valid and subsisting arbitration agreement exists between the parties.
  • Whether the arbitration agreement has been duly invoked under Section 11 of the Arbitration and Conciliation Act, 1996.
  • Whether the Court can appoint a sole arbitrator to adjudicate the disputes.

Legislation cited

Subjects

  • Arbitration
  • Section 11
  • Arbitration agreement
  • Appointment of arbitrator
  • Arbitration costs
  • Disclosure statement

Judgment

                                                                                     22-arbap-215-2026.doc


                              Shabnoor
                                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SHABNOOR
           Digitally signed
           by SHABNOOR
                                           ORDINARY ORIGINAL CIVIL JURISDICTION
           AYUB PATHAN
AYUB       Date:
PATHAN     2026.09.30
           17:59:47 +0530

                                            ARBITRATION PETITION NO.215 OF 2026

                              K Sera Sera Box Office Pvt Ltd                … Applicant
                                          V/s.
                              Pari Entertainment Lounge                     … Respondent

                              Mr. Sarang Pathak, for the Applicant.


                                                          CORAM       : AMIT BORKAR, J.

                                                          DATED       : SEPTEMBER 30, 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 the
                              Agreements dated 3 October 2022. The arbitration agreements
                              between the parties are contained in Clauses 15, 15.1, 15.2, 15.3
                              of the said Agreements, a copy whereof is placed at page 57 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 8 October 2025.

                              3.      Upon perusal of the material placed on record, it is evident
                              that the arbitration agreement has been duly invoked by the
                              Applicant.




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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 Agreements dated 3 October 2022 to 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)    Advocate Bharat Shantilal Mehta, 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:- Flat No. 4, 5th Floor, Rubi Mahal, S. B.
      Singh Road, Colaba, Mumbai – 400 005.

      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



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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 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.

F)    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.



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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.

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


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