MANISH HARSHAD SHAHversusPRAFUL L. SANATHRA

                                                                           23-ARBAP-67-2026.doc


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

                                  ARBITRATION APPLICATION NO. 67 OF 2026

                      Manish Harshad Shah                         … Applicant
SHABNOOR                          V/s.
AYUB                  Praful L. Sanathra                          … Respondent
PATHAN
Digitally signed by
SHABNOOR AYUB
PATHAN
Date: 2026.09.10      Ms. Chitra Kawalekar, i/b Sachin Masurkar, for the
18:26:02 +0530
                      Applicant.
                      Appearance of Respondent Not submitted.


                                                   CORAM     : AMIT BORKAR, J.

                                                   DATED     : SEPTEMBER 10, 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 5 June 2014. The arbitration agreement between
                      the parties is contained in Clause 24 of the said Agreement, a copy
                      whereof is placed at page 90 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 27 April 2023.

                      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 5 June 2014 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. Deeshank Doshi, 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. Adv. Nirman Sharma

      Office No. 9, Commerce House, Nagindas Master Rd., Kala
      Ghoda, Fort, 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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