Bombay High Court

Girish Damji ShahversusVira Infratech and Development Private Limited

Decided: 30 September 2026
Disposal: DISPOSED OFF

Holding

The court held that a valid arbitration agreement existed and was properly invoked, and therefore appointed a sole arbitrator to refer the disputes to arbitration.

Summary

The applicant, Girish Damji Shah & Anr., invoked an arbitration clause contained in an agreement dated 27 March 2022 by issuing a notice on 27 April 2026. The High Court examined whether a valid and subsisting arbitration agreement existed and whether the disputes, including the name of the building, were arbitrable under Section 11 of the Arbitration and Conciliation Act, 1996. The court found that the arbitration agreement was valid, had been properly invoked, and that the disputes were capable of being referred to arbitration. Consequently, the court appointed Ms. Aneesa Cheema as the sole arbitrator to adjudicate the matters and issued procedural directions for the arbitration process. The court also noted that any issue relating to the name of the Society as reflected in the Registration Certificate could be pursued through appropriate legal proceedings outside arbitration.

Issues considered

Whether a valid arbitration agreement exists between the parties and has been duly invoked under Section 11 of the Arbitration and Conciliation Act, 1996.
Whether the disputes arising from the agreement, including the name of the building, are referable to arbitration.
Whether the court may appoint a sole arbitrator to conduct the arbitration.
Whether any aspect of the dispute, such as the name of the Society in the Registration Certificate, is non‑arbitrable.

Legislation cited

Arbitration and Conciliation Act, 1996 — s. 11, 11(8), 12(1)

Subjects

Arbitration
Arbitration Agreement
Section 11
Sole Arbitrator
Arbitrable Dispute
Costs of Arbitration

Judgment

28-arbap-419-2026.doc

Shabnoor
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SHABNOOR
Digitally signed
by SHABNOOR
ORDINARY ORIGINAL CIVIL JURISDICTION
AYUB PATHAN
AYUB Date:
PATHAN 2026.09.30
17:59:47 +0530

ARBITRATION APPLICATION NO.419 OF 2026

Girish Damji Shah & Anr. … Applicants
V/s.
Vira Infratech and Development
Private Limited & Ors. … Respondents

Mr Durgaprasad Sabnish a/w Ms. Shrushti Desai, for
the Applicant.
Ms. Seema Pandey i/b Smit Nagda, for Respondent
Nos.1, 2 and 4.

CORAM : AMIT BORKAR, J.

DATED : SEPTEMBER 30, 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 27 March 2022. The arbitration agreement
between the parties is contained in Clause 19 of the said
Agreement. 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 27 April 2026.

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28-arbap-419-2026.doc

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 27 March 2022 to arbitration
before a Sole Arbitrator.

5. Upon perusal of the material placed on record, it appears
that the dispute between the parties in relation to the name of the
building is capable of being referred to arbitration. Accordingly,
the said dispute shall stand referred to the Sole Arbitrator
appointed by this Court.

6. Insofar as the dispute, if any, arising in relation to the name
of the Society as reflected in the Registration Certificate is
concerned, it shall be open to the Applicant to adopt such
appropriate proceedings as may be permissible in law.

7. 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. Aneesa Cheema, 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:- C/o Mayur Khandeparkar, 102, 1st floor,

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Oval house, old Brtish Hotel Lane, Kala Ghoda, Fort, Mumbai

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;

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 may be
indicated by the Learned Sole Arbitrator, for obtaining
appropriate directions with regard to the conduct of the

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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
Arbitral Tribunal in relation to costs.

8. 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.

9. 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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