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Bombay High Court

DHARMA PRODUCTIONS PRIVATE LIMITEDversusK VISHNU VARDHAN

Decided
Disposal
DISPOSED OFF

Holding

Mr. Tushad Kakalia is appointed as the sole arbitrator to adjudicate the disputes between the parties.

Summary

The High Court of Bombay, on an arbitration application filed by Dharma Products Private Limited against K. Vishnu Vardhan, appointed Mr. Tushad Kakalia as the sole arbitrator to resolve disputes arising from an agreement dated 21 February 2022. The court directed the petitioner to furnish the arbitrator with contact details and a copy of the order within a week, and instructed the arbitrator to serve the statutory State of Disclosure under Sections 11(8) and 12(1) of the Arbitration and Conciliation Act, 1996 within two weeks. Both parties were ordered to appear before the arbitrator for procedural directions, including scheduling pleadings and hearings, and to provide valid email and phone contacts for service of correspondence. The court stipulated that arbitral costs and fees would initially be borne equally by the parties, subject to the final award. The order expressly stated that it does not express any opinion on the merits of the dispute, and the arbitration application was disposed of in these terms.

Issues considered

  • Whether the court should appoint a sole arbitrator for the parties under the Arbitration and Conciliation Act, 1996
  • What procedural directions should be issued to the appointed arbitrator regarding disclosure, service of documents, and cost allocation

Legislation cited

Subjects

  • Arbitration
  • Appointment of Arbitrator
  • Procedural Directions
  • State of Disclosure
  • Arbitral Costs
  • Arbitration and Conciliation Act

Judgment

                                                                              14-arbap327-2026.doc


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

                                    ARBITRATION APPLICATION NO. 327 OF 2026

                      Dharma Products Private Limited                … Petitioner
                                 V/s.
                      K. Vishnu Vardhan                              … Respondent

ATUL
GANESH                Ms. Zora D. with Ms. Tapan Redkar i/by DSK Legal for
KULKARNI
Digitally signed by
                      the Applicant.
ATUL GANESH
KULKARNI
Date: 2026.10.03
10:29:36 +0530
                      Mr. Pratik Deore for the Respondent.


                                                    CORAM       : AMIT BORKAR, J.

                                                    DATED       : OCTOBER 1, 2026
                      P.C.:

                      1.      By consent of the parties, following order is passed:

                              A)     Mr. Tushad Kakalia, 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 dated 21.02.2022 at
                              page 48 of the application;

                              Office Address:- Aban House, 25-31, 6th Floor, Kakushroo
                              Dubash Marg, Kala Ghoda, Fort, Mumbai – 400001.

                              Contact No.9833212724

                              (b)    A copy of this order will be communicated to the
                              learned Sole Arbitrator by the Advocates for the petitioner
                              within a period of one week from the date of upload of this



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                                                           14-arbap327-2026.doc


     order.      The    petitioner       shall   provide   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 State 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;

     (d)      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;

     (e)      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.

2.    Needless to say, nothing contained in this order is an
expression of an opinion on merits of the matter or the relative
strength of the parties. All issues on merits are expressly kept open
to be agitated before the arbitral tribunal appointed hereby.



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                                                   14-arbap327-2026.doc


3.   All actions required to be taken pursuant to this order shall
be taken upon receive of a downloaded copy as available on this
Court’s website.

4.   The arbitration application stands disposed of in above
terms.


                                           (AMIT BORKAR, J.)




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