Bombay High Court
Searce Cosourcing Services Private Limited Through its Authorized Representative Ms Diwyata BurbureversusScorekitty
- Decided
- Disposal
- DISPOSED OFF
Holding
The court held that a valid arbitration agreement existed and was properly invoked, warranting the appointment of a sole arbitrator under Section 11 of the Act.
Summary
The applicant, Searce Cosourcing Services Private Limited, filed an application under Section 11 of the Arbitration and Conciliation Act, 1996 seeking the appointment of an arbitrator to resolve disputes arising from a Google Maps Platform Agreement dated 28 December 2023. The parties had an arbitration clause in Clause 24(b)(ii) of that agreement, and the applicant invoked it by serving a notice on 5 January 2026, to which the respondent, Scorekitty, did not reply. The court examined the record and found that a valid, subsisting arbitration agreement existed and had been duly invoked. Consequently, the court ordered the appointment of M/s. Presolv360 as the sole arbitrator and directed procedural steps including disclosure statements under Sections 11(8) and 12(1). The court also stipulated that arbitral costs be borne equally by the parties pending any award, and left all merits of the dispute to be decided by the appointed tribunal.
Issues considered
- What is the appropriate jurisdiction and procedure for appointing an arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996?
- Whether a valid arbitration agreement exists between the parties and has been duly invoked.
Legislation cited
- Arbitration and Conciliation Act, 1996 — s. 11, 11(8), 12(1)
Subjects
- Arbitration
- Section 11
- Arbitration agreement
- Appointment of arbitrator
- Arbitral costs
- Disclosure statement
Judgment
27-arbap-229-2026-F.doc
Shabnoor
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
ARBITRATION APPLICATION NO. 229 OF 2026
SAYALI
DEEPAK
UPASANI Searce Cosourcing Services Private
Digitally signed Limited Through its Authorized
by SAYALI
DEEPAK
UPASANI
Representative Ms Diwyata Burbure … Applicant
Date: 2026.08.27
19:12:52 +0530
V/s.
Scorekitty … Respondent
Ms. Keertana Nair i/b GNP Legal, for the Applicant.
CORAM : AMIT BORKAR, J.
DATED : AUGUST 27, 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
Statement of Work for Google Maps Platform Agreement dated 28
December 2023 at pages 28 to 46 of the Application. The
arbitration agreement between the parties is contained in Clause
24(b)(ii) of the said Agreement, a copy whereof is placed at page
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 5 January 2026.
Despite service of the said notice, the Respondent has neither
1
27-arbap-229-2026-F.doc
furnished any reply thereto nor filed any affidavit in reply to the
present Application.
3. Upon perusal of the material placed on record, it is evident
that the arbitration agreement has been duly invoked by the
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 28 December 2023 to arbitration
before a Sole Arbitrator.
5. 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) M/s. Presolv360, 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:- Bhavesh Shah, Director, Presolv360
ADR and ODR Institution. Administrative Office: 1 st
Floor, Esperanca Building, Shahid Bhagat Singh Road,
Colaba, Mumbai – 400001.
Institution; Email: [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
2
27-arbap-229-2026-F.doc
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, 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
3
27-arbap-229-2026-F.doc
the parties to the Arbitral Tribunal.
Communications to such email addresses shall
constitute valid service of correspondence in
connection with the arbitration;
F) All arbitral costs and fees of the Arbitral
Tribunal as prescribed in the schedule of the
Institute 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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.