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Bombay High Court

Searce Cosourcing Services Private Limited Through its Authorized Representative Ms Diwyata BurbureversusNotesgen Technologies Private Limited and Anr

Decided
Disposal
DISPOSED OFF

Holding

The Court held that a valid arbitration agreement existed and was duly invoked, and therefore appointed a sole arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996.

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 an agreement dated 7 January 2022 that contains an arbitration clause. The applicant served a notice of arbitration on 5 January 2026, but the respondents, Prime Captain Fantasy Sport Private Limited and others, neither replied nor filed any affidavit. The Court examined the record and found that a valid, subsisting arbitration agreement existed and had been duly invoked by the applicant. Consequently, the Court exercised its jurisdiction under Section 11 and appointed Ms. Lizum Wangdi as the sole arbitrator, directing the parties to cooperate with the tribunal and outlining procedural steps. All substantive issues on the merits were left open for determination by the appointed arbitrator.

Issues considered

  • Whether a valid arbitration agreement exists between the parties under the 2022 contract.
  • Whether the applicant properly invoked the arbitration agreement by serving a notice.
  • Whether the court has jurisdiction to appoint a sole arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996 in view of the respondents’ silence.

Legislation cited

Subjects

  • Arbitration
  • Section 11
  • Arbitration agreement
  • Appointment of arbitrator
  • Civil procedure
  • Arbitration and Conciliation Act 1996

Judgment

                                                                          30-arbap-231-2026.doc


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

                               ARBITRATION APPLICATION NO.231 OF 2026

                   Searce Cosourcing Services Private
SHABNOOR
AYUB               Limited Through its Authorized
PATHAN             Representative Ms Diwyata Burbure             … Applicant
Digitally signed
by SHABNOOR
                              V/s.
AYUB PATHAN
Date: 2026.08.28
                   Prime Captain Fantasy Sport
18:48:51 +0530
                   Private Limited and Ors.                      … Respondents



                   Ms. Keeratana Nair i/b GNP Legal for Applicant.



                                               CORAM      : AMIT BORKAR, J.

                                               DATED      : AUGUST 28, 2026
                   P.C.:
                   1.      The present Application has been filed under Section 11 of
                   the Arbitration and Conciliation Act, 1996 (“the Act”), seeking
                   appointment of an Arbitrator for adjudication of the disputes and
                   differences stated to have arisen between the parties under an
                   Agreement dated 7 January 2022. The arbitration agreement
                   between the parties in respect of the Agreement is contained in
                   Clause 9(a) thereof, a copy whereof is placed at page 48 of the
                   Application. In the interest of brevity, the said arbitration clauses
                   are 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 agreements by issuing a notice dated 5 January 2026.



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                                                    30-arbap-231-2026.doc


Despite service of the said notice, the Respondents have neither
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 agreements have been duly invoked by the
Applicant.

4.    This Court is satisfied that valid and subsisting arbitration
agreements exist between the parties and that the same have 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 7 January 2022 to arbitration before a
Sole Arbitrator.

5.    In the aforesaid circumstances, the present Application under
Section 11 of the Act deserves to be allowed and is disposed of in
terms of the following order:

      A)     Lizum. Wangdi, 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
      Agreements referred to above;

      Office Address:- 205, 2nd Floor, Arcadia, NCPA Marg, Nariman
      Point, Mumbai – 400 021.

      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 today. The
      Applicant shall provide the contact and communication



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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
the present Application, and a copy thereof shall be
furnished by the Advocates for the Applicant to the
Advocates for the Respondents;

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 the
parties to the Arbitral Tribunal. Communications to such
email    addresses    shall   constitute   valid   service     of
correspondence in connection with the arbitration;



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     F)    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.)




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