Bombay High Court
KRC SEA KING GRAND CANYON PVT LTDversusSEA KING PREMISES CO OPERATIVE SOCIETY LTD
- Decided
- Disposal
- DISPOSED OFF
Holding
The Court appointed Mr. Vivek Walawalkar as the sole arbitrator in accordance with the parties’ consent and the provisions of the Arbitration and Conciliation Act, 1996.
Summary
The parties entered into a registered Development Agreement on 29 November 2024, which later gave rise to disputes. The applicants invoked arbitration on 17 January 2026, and the respondent did not contest the existence of the arbitration agreement or the notice. Both parties consented to the appointment of a sole arbitrator and agreed that Mr. Vivek Walawalkar, an advocate of the Court, would act as the arbitrator. The Bombay High Court, after confirming the parties’ consent, appointed Mr. Walawalkar as sole arbitrator, directed the parties to furnish his contact details, and ordered the arbitrator to file the statutory Statement of Disclosure under Section 11(8) read with Section 12(1) of the Arbitration and Conciliation Act, 1996. The Court also set procedural directions regarding fees, venue, and the conduct of the arbitration. The application for appointment of the arbitrator was allowed.
Issues considered
- Whether the Court can appoint a sole arbitrator upon the parties’ consent under the Arbitration and Conciliation Act, 1996
- Whether the statutory disclosure requirements under Section 11(8) and Section 12(1) of the Act apply to the appointed arbitrator
Legislation cited
Subjects
- Arbitration
- Appointment of arbitrator
- Arbitration agreement
- Section 11(8) Arbitration Act
- Section 12(1) Arbitration Act
- Arbitration fees
- Mumbai High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
ARBITRATION APPLICATION NO.73 OF 2026
KRC Sea King Grand Canyon Pvt. Ltd. & Anr. .. Applicants
Vs.
Sea King Premises Co-op. Society Ltd. .. Respondent
Ms. Ashna Shah, i/by Adv. Sean Wassoodew, Advocates for the Applicant.
Mr. Pariket Shah, Advocate for the Respondent.
CORAM : GAUTAM A. ANKHAD, J.
DATE : 27th August, 2026.
P.C. :
1. The parties have entered into a registered Development Agreement dated
29th November, 2024 (“Agreement”). Disputes have arisen between the parties
under this Agreement. Therefore, the Applicants have invoked arbitration on
17th January, 2026.
2. Mr. Shah, learned counsel for the Respondent does not deny the
arbitration agreement or the notice invoking arbitration. On instructions, he
consents to the appointment of a sole Arbitrator for adjudication of all disputes
and differences between the parties under the said Agreement.
3. The learned counsel jointly submit that the parties have agreed to refer
Digitally
signed by
SNEHA SNEHA
ABHAY
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Date:
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all disputes to Mr. Vivek Walawalkar, learned Advocate of this Court. Hence,
this Application is allowed in terms of the following order:-
[A]. Mr. Vivek Walawalkar, learned 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 Agreement referred to above. The
contact details of Mr. Vivek Walawalkar, the sole
Arbitrator, are as under:
Office Address : 105-107, Mistry Mansion, 1st Floor,
Mahatma Gandhi Marg, Fort,
Mumbai – 400 023.
Mobile Number : 9820000649
E-mail ID : [email protected]”
[B]. A copy of this order will be communicated to the learned
Arbitrator by the advocate for the Applicants within a
period of one week from the date on which this order is
uploaded on the website of this Court. The Applicants shall
provide the contact and communication particulars of the
parties to the Arbitral Tribunal along with a copy of this
order;
[C]. The learned Arbitrator is directed to forward the statutory
Statement of Disclosure under Section 11(8) read with
Section 12(1) of the Act to the advocate for the Applicants
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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 Arbitration Application and a
copy of the same shall be furnished by the Advocate for
the Applicants to the Respondents;
[D]. The parties shall appear before the learned Arbitrator on
such date either on V.C. mode or at such place as indicated
to obtain appropriate directions with regard to conduct of
the arbitration including fixing schedule for pleadings,
examination of witnesses, schedule of hearings etc.
[E]. The fees of the learned Arbitrator shall be as per the Fourth
Schedule of the Act read with the Bombay High Court (Fee
Payable to Arbitrators) Rules, 2018.
[F]. All issues, claims and counterclaims are kept open to be
agitated before the Tribunal.
[G]. The arbitration shall be held at Mumbai.
[ GAUTAM A. ANKHAD, J. ]
Digitally
signed by
SNEHA SNEHA
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