Kotak Mahindra Bank through Mr Dattatray JagtapversusSushil Kumar

                                                                             27-arbap-428-2026.doc


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

                                  ARBITRATION APPLICATION NO.428 OF 2026

         Digitally
         signed by    Kotak Mahindra Bank through
         SHABNOOR
SHABNOOR AYUB
AYUB     PATHAN
                      Dattatray Jagtap                              … Applicant
PATHAN   Date:
         2026.09.16
                                 V/s.
         18:34:23
         +0530        Sushil Kumar                                  … Respondent

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


                                                  CORAM       : AMIT BORKAR, J.

                                                  DATED       : SEPTEMBER 16, 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 9 February 2024. The arbitration agreement
                      between the parties is contained in Clause 10.15 of the said
                      Agreement, a copy whereof is placed at page 42 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 15 July 2025.
                      Despite service of the said notice, the Respondent has neither
                      furnished any reply thereto nor filed any affidavit in reply to the
                      present Application.



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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 9 February 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 Jash Gandhi, 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:- 3rd Office, Brady House Building, 2nd Floor,
      Kala Ghoda, Mumbai – 400 001

      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;




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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;

F)      All arbitral costs and fees of the Arbitral Tribunal
shall be borne by the parties equally in the first instance,



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     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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