IIFL FINANACE LIMITEDversusKAMDAR PLASTICS

                                                                          34-arbap-331-2026.doc


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

                              ARBITRATION APPLICATION NO. 331 OF 2026

SHABNOOR           IIFL Finanace Limited                         … Applicant
AYUB                          V/s.
PATHAN
Digitally signed
                   Kamdar Plastics & Ors.                        … Respondents
by SHABNOOR
AYUB PATHAN
Date: 2026.09.16
18:41:00 +0530
                   Ms. Priya Nigwekar i/b Pallavi Chari, for the Applicant.
                   Mr. Abhishek Pandey i/b Kruti Bhavsar, for the
                   Respondent.


                                               CORAM       : AMIT BORKAR, J.

                                               DATED       : SEPTEMBER 16, 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 August 2024. The arbitration agreement
                   between the parties is contained in Clause 26 of the said
                   Agreement, a copy whereof is placed at pages 34 to 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 23 March 2026.

                   3.      Upon perusal of the material placed on record, it is evident
                   that the arbitration agreement has been duly invoked by the



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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 3 October 2024 to arbitration
before a Sole Arbitrator.

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

      A)     Mr Jash Gandhi, 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:- 3rd Office, Brady House Building, 2nd Floor,
      Kala Ghoda, 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
      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




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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;

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.



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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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