Kotak Mahindra Bank through Authorized Representative Dattatray JagtapversusPayel Bhattacharji

                                                 16-ARBAP-377-2026-FM.doc



                                                               Sayali



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

     COMM. ARBITRATION APPLICATION - NO. 377 OF 2026


Kotak Mahindra Bank through
Authorized Representative Dattatray
Jagtap                                         … Applicant
           V/s.
Payel Bhattacharji                             … Respondent

Ms. Bijal Gogri i/b GNP Legal, for Applicant.

                             CORAM        : AMIT BORKAR, J.

                             DATED        : OCTOBER 1, 2026
P.C.:
1.      The present Application has been filed under Section 11 of
the Arbitration and Conciliation Act, 1996, hereinafter referred
to as “the Act”, seeking the appointment of an Arbitrator for
adjudication of the disputes and differences stated to have
arisen between the parties in connection with the Agreement
dated 7 February 2023. The arbitration agreement between the
parties is contained in Clause 10.15 thereof, which is placed on
record at page 47 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 is within the
territorial jurisdiction of this Court.




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2.    It appears from the record that the Applicant invoked the
arbitration agreement by issuing a notice dated 12.01.2026.

3.    By consent of the parties, the disputes and differences
arising out of and in connection with the Agreement dated 7
February 2023 are required to be referred for adjudication to
arbitration by a Sole Arbitrator. Considering the affidavit in
reply, the application is allowed.

4.    In view of the aforesaid, the present Application filed
under Section 11 of the Act is disposed of by passing the
following order:

      A)    Ms. Shubhra Swami Paranjape , 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:- Chambers of Nikhil Sakhardande, Sr.
      Adv., 1101, 1 Infinity, Cawasji Patel Street, Fort, Mumbai
      – 400001.

      Email ID: [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;



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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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     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.

5.        All issues on merits including limitation are expressly
kept open to be agitated before the arbitral tribunal appointed
hereby.

6.    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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