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
- Arbitration and Conciliation Act, 1996 — s. 11, 11(8), 12(1)
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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