Vishwakiran Co operative Housing Society LimitedversusSuper Construction

                                                                         12-arbap-321-2026-f.doc


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

                               ARBITRATION APPLICATION NO.321 OF 2026

                   Vishwakiran Co-operative Housing
SHABNOOR
AYUB               Society Ltd.                                  … Applicant
PATHAN                         V/s.
Digitally signed
by SHABNOOR
                   Super Construction                            … Respondent
AYUB PATHAN
Date: 2026.08.28
18:48:50 +0530
                   Mr. Amrut Joshi with Rohit Shetty, Mr. Shahrukh
                   Shaikh, for the Applicant.
                   Mr. Pritesh Haridas Bodekar a/w Usha Singh i/b Vyas &
                   Baliwal, for Respondent.


                                               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 the
                   appointment of an Arbitrator for adjudication of the disputes and
                   differences stated to have arisen between the parties under an
                   Agreement dated 2 February 2016. The arbitration agreement
                   between the parties is contained in Clause 70 of the said
                   Agreement, a copy whereof is placed at page 94 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 2 April 2026.
                   Despite service of the said notice, the Respondent has neither



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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 2 February 2016 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)     Mr. Rubin Vakil, 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:- 402, Haman House, Ambalal Doshi
      Marg, Fort, Mumbai – 400 001.

      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
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 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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