Schindler India Private LimitedversusMemphis Realtors Private Limited

                                                                 32-arbap-343-2026 with connected.doc


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

                                 ARBITRATION APPLICATION NO. 343 OF 2026

SHABNOOR
AYUB
                      Schindler India Private Limited              … Applicant
PATHAN                            V/s.
Digitally signed by
SHABNOOR AYUB
                      Memphis Realtors Private Limited             … Respondent
PATHAN
Date: 2026.09.11
16:42:13 +0530



                                                 WITH
                                 ARBITRATION APPLICATION NO. 356 OF 2026

                      Schindler India Private Limited              … Applicant
                                  V/s.
                      Memphis Realtors Private Limited             … Respondent

                      Mr. Surabh Jain a/w Ms. Bhumika Chulani, for the
                      Applicant.
                      Mr. N. Patel i/b Diamondwala & Co., for the
                      Respondents.


                                                  CORAM      : AMIT BORKAR, J.

                                                  DATED      : SEPTEMBER 11, 2026
                      P.C.:
                      1.      The present Applications have 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 29 September 2022. The arbitration agreement
                      between the parties is contained in Clause 12 of the said
                      Agreement, a copy whereof is placed at page 48 of the Application.
                      In the interest of brevity, the said arbitration clause is not




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reproduced herein. It would suffice to observe that the present
Applications falls within the jurisdiction of this Court.

2.    The record indicates that the Applicant invoked the
arbitration agreement by issuing a notice dated 6 November 2025.
Despite service of the said notice, the Respondent has neither
furnished any reply thereto nor filed any affidavit in reply to the
present Applications.

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 29 September 2022 to arbitration
before a Sole Arbitrator.

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

      A)     Ms. Pranita Saboo, 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:- Add: 6th floor, Aban House, Saibaba Rd,
      beside Keneseth Eliyahoo Synagogue, Kala Ghoda, Fort,
      Mumbai, Maharashtra 400001



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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
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



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     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
     as prescribed in the schedule of the Institute 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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