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Bombay High Court

Vishwajeet Rajendra KalbhorversusSubhash Narsaiyya Kunden

Decided
Disposal
Disposed Off

Holding

The court held that a valid arbitration agreement exists and appointed Mr. Chandrashekhar V. Wakankar as the sole arbitrator to adjudicate the disputes.

Summary

The petitioner filed an arbitration petition under Section 11 of the Arbitration and Conciliation Act, 1996 seeking the appointment of an arbitrator to resolve disputes arising from an agreement dated 20 February 2024. The court examined whether a valid arbitration agreement existed between the parties and confirmed its existence. Although the respondents (Nos. 4‑6) indicated that a substantial portion of the disputed amount had already been paid and expressed a desire to settle without arbitration, the court found that the arbitration clause could not be ignored. Consequently, the court appointed Mr. Chandrashekhar V. Wakankar, an advocate of the court, as the sole arbitrator and issued procedural directions for the arbitration process. The order also deferred the commencement of arbitration for four weeks to allow the parties an opportunity to settle, and it left all merits of the dispute to be decided by the arbitrator.

Issues considered

  • Whether a valid arbitration agreement exists between the petitioner and the respondents under the Arbitration and Conciliation Act, 1996.
  • Whether the High Court has jurisdiction to appoint an arbitrator under Section 11 of the Act.
  • Whether the appointment of a sole arbitrator is appropriate in the present circumstances.

Legislation cited

Subjects

  • Arbitration
  • Section 11
  • Arbitration agreement
  • Appointment of arbitrator
  • Cost allocation
  • Settlement deferment

Judgment

                                                                                  4-ARP-159-2025.doc



                                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                 CIVIL APPELLATE JURISDICTION

                                             ARBITRATION PETITION NO. 159 OF 2025

                        Vishwajeet Rajendra Kalbhor                                  …Petitioner
                                   Versus
                        Subhash Narsaiyya Kunden & Ors                               …Respondents


                            Mr. Hemant Ghadigaonkar, a/w Om Gandhi for the Petitioner.
                            Mr. P.C. Mohite, for Respondent Nos.1 to 3.
                            Mr. P.B. Gujar, a/w Paras Pawar for Respondent Nos.4 to 6.


                                                 CORAM      : SOMASEKHAR SUNDARESAN, J.
                                                 DATE       : March 24, 2026

                       ORDER :

                       1.                  This Petition has been filed under Section 11 of the

                       Arbitration and Conciliation Act, 1996 ( “the Act”), seeking appointment

                       of an arbitrator in connection with disputes and differences that are said

                       to have arisen between the parties under an agreement dated February

                       20, 2024 (“Agreement”). The arbitration agreement is contained in

                       Clause 2 (found at Page 37 of the Petition). In the interest of brevity, the

                       arbitration agreement is not being extracted here. Suffice it to say that

                       this matter falls within the jurisdiction of this Court.

          Digitally
          signed by
          ASHWINI
ASHWINI   JANARDAN
JANARDAN VALLAKATI
VALLAKATI Date:
          2026.03.27
          16:33:09
          +0530




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2.                  The matter has been stood over from time to time with a

prospect of settlement between the parties being pursued. It is the

submission of the Learned Advocate for Respondent Nos.4 to 6 that the

payment of approximately 60% of the disputed amounts involved has

already been made and more time may be needed to resolve the disputes

without the need to arbitrate.


3.                  Be that as it may, considering that the existence of the

arbitration           agreement   between      the     Petitioner    and    the    other

Respondents is not denied and the fact that Respondent Nos.4 to 6 are

being pursued as veritable parties, who are also clearly indicating that

they desire to resolve the dispute, no useful purpose would be served in

keeping this matter pending any further.


4.                  The Petition is disposed of appointing the Learned Arbitral

Tribunal in the following terms:-


                       A) Mr. Chandrashekhar V. Wakankar, an 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;


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                        Office Address:- Chandani, 145-B, Parvatigaon,
                                         Opposite Parvati Hill Steps,
                                           Pune- 411 009
                        Email ID:          [email protected]



                    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 upload 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 appropriate directions with regard to

                      conduct of the arbitration including fixing a schedule

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                          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 in the first instance,

                          and shall be subject to any final Award that may be

                          passed by the Tribunal in relation to costs.


5.                  All issues on merits are left open for consideration by the

Learned Arbitral Tribunal. Considering the earnest request on behalf of

Respondent Nos.4 to 6 about resolution without arbitration being

feasible, the effect of this order will be deferred by a further period of

four weeks from the date of upload of this order on the website of this

Court, to enable the parties to resolve the dispute. Should any dispute

remain unresolved, the Learned Arbitral Tribunal shall enter upon

reference and take over the proceedings from that stage.

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6.                  The Petition is finally disposed of in the aforesaid terms.


7.                  Needless to say, nothing contained in this order is an

expression of an opinion on merits of the matter or the relative strength

of the parties. All issues on merits are expressly kept open to be agitated

before the arbitral tribunal appointed hereby.


8.                  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.


                                         [ SOMASEKHAR SUNDARESAN, J.]




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