Bombay High Court
IIFL FINANCE LIMITEDversusASHOK JOHN SEQUEIRA
- Decided
- Disposal
- DISPOSED OFF
Holding
The Court held that a valid arbitration agreement exists and has been properly invoked, and therefore appointed Ms. Deepali A. Bagla as the sole arbitrator.
Summary
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 28 August 2018 with Ashok John Sequeira. The applicant invoked the arbitration clause by issuing a notice on 18 March 2026. The Court examined the record and found that a valid, subsisting arbitration agreement existed and had been properly invoked. Consequently, the Court appointed Ms. Deepali A. Bagla as the sole arbitrator and directed the parties to comply with procedural requirements, including disclosure statements and cost sharing. The order also directed the parties to appear before the arbitrator for scheduling and stipulated that arbitration costs would be borne equally unless altered by the final award.
Issues considered
- Whether a valid arbitration agreement exists between the parties under the 2018 contract
- Whether the arbitration agreement has been duly invoked, warranting appointment of an arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996
Legislation cited
- Arbitration and Conciliation Act, 1996 — s. 11, 11(8), 12(1)
Subjects
- Arbitration
- Section 11
- Arbitration agreement
- Appointment of arbitrator
- Commercial arbitration
- Arbitration costs
Judgment
22-arbap396-2026.doc
AGK
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
ARBITRATION APPLICATION NO.396 OF 2026
IIFL Finance Limited … Applicant
V/s.
Ashok John Sequeira … Respondent
Ms.Priya Nigvekar i/by Ms. Pallavi Chari for the
Applicant.
ATUL CORAM : AMIT BORKAR, J.
GANESH
KULKARNI
Digitally signed
DATED : OCTOBER 7, 2026
by ATUL
GANESH
KULKARNI
P.C.:
Date: 2026.10.07
16:43:48 +0530
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 28 August 2018. The arbitration agreement
between the parties is contained in Clause 12.1 of the said
Agreement, a copy whereof is placed at page 37 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 18 March 2026, a
copy of which is at pages 39 to 42 of the Application.
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 28 August 2018 to the 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) Ms. Deepali A Bagla, 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:- Sukhia Building, 2nd Floor, Cawasji Patel
Street, Fort, Mumbai 400001;
Email Id:- [email protected];
Mobile No. 9920378770.
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 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.
E) 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 Arbitral Tribunal in
relation to costs.
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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.
8. The Commercial Arbitration Application stands disposed of
in above terms.
(AMIT BORKAR, J.)
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