Bombay High Court
Searce Cosourcing Services Private Limited Through its Authorized Representative Ms Diwyata BurbureversusMulsan Information Technology Private Limited and Anr
- Decided
- Disposal
- DISPOSED OFF
Holding
The court held that it has jurisdiction to appoint a sole arbitrator and therefore appointed Ms. Tulsi Shah as the sole arbitrator.
Summary
Searce Cosourcing Services Pvt Ltd 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 settlement agreement dated 4 March 2022. The applicant had invoked the arbitration clause by issuing a notice on 5 January 2026. The High Court examined whether the arbitration agreement was valid and whether the court had jurisdiction to appoint a sole arbitrator under the Act. Finding that the arbitration clause was enforceable and the application fell within its territorial jurisdiction, the court ordered the appointment of Ms. Tulsi Shah as the sole arbitrator. The order also directed procedural steps such as disclosure statements and cost allocation, while leaving all substantive issues to be decided by the arbitrator.
Issues considered
- Whether the arbitration agreement contained in Clause 21 of the settlement is valid and enforceable.
- Whether the High Court has jurisdiction under Section 11 of the Arbitration and Conciliation Act, 1996 to appoint an arbitrator.
- Whether a sole arbitrator can be appointed in the present circumstances.
Legislation cited
- Arbitration and Conciliation Act, 1996 — s. 11, 11(8), 12(1)
Subjects
- Arbitration
- Section 11
- Arbitration Agreement
- Appointment of Arbitrator
- High Court
- Civil Procedure
Judgment
20-ARBAP-237-2026-3-FM.doc
Sayali
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
ARBITRATION APPLICATION NO. 237 OF 2026
Searce Cosourcing Services Private
Limited Through its Authorized
Representative Ms Diwyata Burbure … Applicant
V/s.
Mulsan Information Technology Pvt Ltd
and Others … Respondents
Mr. Bijal Gogri i/b GNP Legal, for Applicant.
CORAM : AMIT BORKAR, J.
DATED : SEPTEMBER 3, 2026
P.C.:
1. The present Application has been filed under Section 11
of the Arbitration and Conciliation Act, 1996, hereinafter
referred to as “the Act”, seeking the appointment of an
Arbitrator for adjudication of the disputes and differences stated
to have arisen between the parties in connection with the Copy
of Settlement of work Google Cloud Platform Resell dated 04
March 2022. The arbitration agreement between the parties is
contained in Clause 21 thereof, which is placed on record at
page 48-49 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 is within the territorial
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jurisdiction of this Court.
2. It appears from the record that the Applicant invoked the
arbitration agreement by issuing a notice dated 05 January,
2026.
3. Hence the disputes and differences arising out of and in
connection with the Agreement dated 04 March 2022 are
required to be referred for adjudication to arbitration by a Sole
Arbitrator.
4. In view of the aforesaid, the present Application filed
under Section 11 of the Act, is disposed of by passing the
following order:
A) Ms.Tulsi Shah, 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:- 301A, Vardhaman Chambers, 17-
G, Cawasji Patel Street, Fort, 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
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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 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
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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;
5. 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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