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Bombay High Court

RAJENDRA VISHWANATH PATOLEversusINDUS TOWERS LIMITED

Decided
Disposal
Disposed Off

Holding

The court appoints Mr. Anurag Jain as the sole arbitrator to adjudicate the dispute between the parties.

Summary

The petition filed by Rajendra Vishwanath Patole sought the appointment of an arbitrator to resolve his dispute with Indus Towers Limited. The court observed that there was no contention regarding the existence of an arbitration clause or the notice invoking it. Accordingly, it appointed Mr. Anurag Jain, an advocate, as the sole arbitrator, providing his office address, email IDs and contact number. The court directed the petitioner to communicate the order to the arbitrator within a week and instructed the arbitrator to issue the statutory Statement of Disclosure under Sections 11(8) and 12(1) of the Arbitration and Conciliation Act, 1996, within two weeks. Further directions were issued on the parties’ appearance before the arbitrator for scheduling, equal sharing of arbitral costs, and that the seat of arbitration would be Pune. The arbitration petition was thereafter disposed.

Issues considered

  • Whether the court can appoint a sole arbitrator under the Arbitration and Conciliation Act, 1996
  • Procedural requirements for disclosure and communication under Sections 11(8) and 12(1) of the Act
  • Allocation of arbitral costs between the parties

Legislation cited

Subjects

  • Arbitration
  • Appointment of Arbitrator
  • Arbitration Clause
  • Statutory Disclosure
  • Arbitral Costs
  • Seat of Arbitration
  • Procedural Directions

Judgment

                                                                                               8 Arp-118-2026.doc




                                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                             CIVIL APPELLATE JURISDICTION

                                  COMMERCIAL ARBITRATION PETITION NO. 118 OF 2026

                             Rajendra Vishwanath Patole                        ...Petitioner

                                        Vs.

                             Indus Towers Limited                              ...Respondent

                                                                *****
                                  Adv. Divya Yajurvedi, Adv.     Advocate for the Petitioner
                                  Pradeep Kumar i/by
                                  Srinivasan and Co.
                                  Adv. Anshuman Sambre a/w       for the Respondent
                                  Adv. Himanshu Indise

                                                                *****
                                                 CORAM :           S. M. MODAK, J.

                                                 DATE      :       31st AUGUST 2026


                             P. C. :-

                             1.      Today matter is fixed for having consensus about the name of the

                             advocate to be appointed as an Arbitrator. About the Arbitration

                             Clause and notice seeking enforcement of the Arbitration clause, there

                             is no dispute.

                             2.      Mr. Anurag Jain is appointed as an Arbitrator.

          Digitally signed
          by SEEMA
SEEMA KSHITIJ
        YELKAR
KSHITIJ Date:
YELKAR 2026.09.01
        15:21:30
          +0530              Seema                                                                          1/3
                                                                  8 Arp-118-2026.doc




3.        In view of that, the following order is passed:
                                      ORDER

     A)      Mr. Anurag Jain, Advocate is hereby appointed as the Sole
             Arbitrator to adjudicate upon the disputes and differences
             between the parties arising out and in connection with the
             matter referred above;
          Office address – 501, Varun Capital, Next to Hotel Sudama,
                          S. No. 364/13, Shivajinagar, Pune – 411005.
           Email id :     - [email protected]/
                            [email protected]
           Contact No.     - 9833759856

     B)      A copy of this Order will be communicated to the Learned
             Sole Arbitrator by the Advocate for the Petitioner within a
             period of one week from the date of uploading of this
             order. The petitioner 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 parties within a period
             of two weeks from receipt of a copy of this Order;

     D)      The parties shall appear before the Learned Sole Arbitrator
             on such date and at such place as indicated, to obtain

Seema                                                                          2/3
                                                                    8 Arp-118-2026.doc




             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;

     E)      All arbitral costs and fees of the Arbitral Tribunal shall be
             borne by the parties equally as per the Schedule.


     F)      The place of sitting will be at Pune.


4.        Arbitration Petition is disposed of.



                                           [S. M. MODAK, J.]




Seema                                                                            3/3


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