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Bombay High Court

SANY HEAVY INDUSTRY INDIA PVT LTD THR AUTHORIZED REPRESENTATIVE, ROHIT SHARMAversusOPENDER KANWALJIT CONSTRUCTIVE SOLUTION LLP THR ITS PARTNER OPENDER SINGH CHAUHAN

Decided
Disposal
Disposed Off

Holding

The court appointed Mr. V.K. Deshpande, a retired District and Sessions Judge, as the sole arbitrator to adjudicate the dispute.

Summary

The petition sought appointment of an arbitrator under an arbitration clause in a dealership agreement dated 1 January 2025. The respondent consented to the appointment but the court could not pass an order because the respondent had not filed a vakalatnama, which was later e‑filed and was under objection. The petitioner invoked the arbitration clause by notice dated 12 May 2026 and proposed retired District and Sessions Judge V.K. Deshpande as sole arbitrator. The High Court, after confirming the procedural compliance, appointed Mr. Deshpande as the sole arbitrator, directed the parties to furnish contact details, and set procedural directions under the Arbitration and Conciliation Act. The petition was subsequently disposed.

Issues considered

  • What is the court's jurisdiction to appoint an arbitrator when one party consents but procedural formalities such as filing of vakalatnama are pending?
  • Whether the appointment of a sole arbitrator under the Arbitration and Conciliation Act, 1996 is valid despite the objection to the vakalatnama.

Legislation cited

Subjects

  • Arbitration
  • Appointment of arbitrator
  • Arbitration clause
  • Vakalatnama
  • Arbitration and Conciliation Act 1996
  • Section 11
  • Section 12
  • Section 29(b)
  • High Court

Judgment

                      LSP                                1              8 arp 134.26.doc


                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   CIVIL APPELLATE JURISDICTION

                                       Arbitration Petition No.134 of 2026

                      Sany Heavy Industry India Pvt. Ltd.             …        Petitioner

                               V/s.

                      Opender Kamwaljit Constructive
                      Solution LLP                                    …        Respondents.


                      Ms. Bijal Gogri i/b. GNP Legal Advocate for the Petitioner
                       Ms. Arpita Juneja (through V.C.) Advocate for the Respondent
                      a/w. Mr. Chirag Salhotra

                                                CORAM : S.M. MODAK, J

                                                   DATE : 28th September 2026.
         Digitally
         signed by
LATA
SUNIL
         LATA SUNIL
         PANJWANI
PANJWANI Date:
         2026.09.29
         11:36:47
                      P.C. :
         +0530




                      1.        Heard learned Advocate for the Petitioner and learned
                      Advocate for the Respondents.

                      2.        In fact Respondent is consenting for appointment of an
                      Arbitrator but order is not passed because Vakalatnama is not filed.
                      Now it is e-filed and it is under objection. Learned Advocate for the
                      Respondent assures to remove objections. There is arbitration clause
                      No.24 in the agreement titled as Sany Dealership Agreement dated
                      1st January 2025 and notice invoking arbitration clause is already
                      issued. It is dated 12th May 2026 (Page-134). From the suggested
LSP                                  2               8 arp 134.26.doc


names by the Petitioner Mr. V.Kdeshpande, Retired District and
Sessions Judge is appointed as an Arbitrator. Hence, the following
order:
                                ORDER

  A)       Mr. V.K.Deshpande, Retired District and Sessions Judge
           is appointed as the sole Arbitrator to adjudicate upon the
           disputes and differences between the parties arising out
           and in connection with the the matter referred above;
          Office address :- Sairang Apartment, Flat No.603,
                          Near Paranjape Nursery School,
                          Kothrud,
                          Pune 411 038, Maharashtra.
         Email id :     - vyankateshrao@gmaitco
         Contact No.    - 9763830354

  B)       A copy of this Order will be communicated to the
           learned sole Arbitrator by the Advocates 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;
LSP                                     3                 8 arp 134.26.doc




     D)      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;

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

     F)      The Place of sitting will be at Pune.


     G)      The Petitioner is at liberty to request the learned
             Arbitrator to have online arbitration and also to decide
             the dispute as per the provisions of Section 29(B) of the
             Arbitration and Conciliation Act.

3.        Arbitration Petition is disposed of.


                                                     (S.M. MODAK, J.)


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