Bombay High Court
IIFL FINANACE LIMITEDversusREVATHI AGENCIES
- Decided
- Disposal
- DISPOSED OFF
Holding
A valid and subsisting arbitration agreement existed and had been duly invoked, warranting the appointment of a sole arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996.
Summary
The applicant, IIFL Finance 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 10 June 2024. The court examined whether a valid arbitration clause existed in Clause 26 of the agreement and whether the applicant had properly invoked it by issuing a notice on 24 March 2026. Finding that the arbitration agreement was subsisting and duly invoked, the court concluded that it had jurisdiction to appoint a sole arbitrator. Accordingly, Mr. Abhishek Kothari was appointed as the sole arbitrator, with directions for disclosure statements, communication details, and cost allocation. The order also directed the parties to appear before the arbitrator for procedural directions and stipulated that arbitration costs would be borne equally unless altered by the final award.
Issues considered
- The existence and validity of the arbitration agreement between the parties
- The proper invocation of the arbitration clause under Section 11 of the Act
- The court’s jurisdiction to appoint an arbitrator
Legislation cited
- Arbitration and Conciliation Act, 1996 — s. 11, 11(8), 12(1)
Subjects
- Arbitration
- Section 11
- Arbitration agreement
- Appointment of arbitrator
- Cost allocation
- Disclosure statement
Judgment
42-arbap-335-2026.doc
Shabnoor
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
ARBITRATION APPLICATION NO.335 OF 2026
SHABNOOR
AYUB
PATHAN IIFL Finanace Limited … Applicant
Digitally signed by
SHABNOOR AYUB
V/s.
PATHAN
Date: 2026.09.17
Revathi Agencies … Respondent
16:41:24 +0530
Ms Priya Nigwekar i/b Pallavi Chari, for the Applicant.
CORAM : AMIT BORKAR, J.
DATED : SEPTEMBER 17, 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 10 June 2024. The arbitration agreement
between the parties is contained in Clause 26 of the said
Agreement, a copy whereof is placed at page 33 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 24 March 2026.
3. Upon perusal of the material placed on record, it is evident
that the arbitration agreement has been duly invoked by the
Applicant.
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42-arbap-335-2026.doc
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 10 June 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. Abhishek Kothari 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:- C/o Sr. Adv. Ashish Kamat, 501, Oval House,
British Hotel Lane, Kala Ghoda, Mumbai – 400001.
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
Section 11(8) read with Section 12(1) of the Act to the
Advocates for the Applicant so as to enable them to file
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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 may be
indicated by the Learned Sole Arbitrator, for obtaining
appropriate directions with regard to the conduct of the
arbitral proceedings, including fixing the schedule for
filing of pleadings, examination of witnesses, if any, and
dates of hearing. At such meeting, the parties shall
furnish to the Arbitral Tribunal valid and functional
email addresses, together with the mobile and landline
telephone numbers of their respective Advocates.
Communications sent to the said email addresses shall
constitute valid service of correspondence in connection
with the arbitral proceedings.
F) All arbitral costs and fees of the arbitration and of
the Arbitral Tribunal shall be borne by the parties equally
in the first instance. The same shall, however, remain
subject to any final Award that may be passed by the
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Arbitral Tribunal in relation to costs.
6. The Learned Sole Arbitrator shall be at liberty to adjudicate
upon the claims and counterclaims, if any, and to determine all
questions relating to merits, in accordance with law.
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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