Abhishek Vinay SinghversusRamchandra Kharpuriya

                                                   5.ARP.267.2025(1).doc


               IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                      CIVIL APPELLATE JURISDICTION

                   ARBITRATION PETITION NO.267 OF 2025

Abhishek Vinay Singh                           ....Petitioner
     Versus
Ramchandra Kharpuriya                          ....Respondent



     Mr. Juhi Bhayani a/w. Anukul Seth, for Petitioner.


                            CORAM: SOMASEKHAR SUNDARESAN, J.

                            DATE     : JANUARY 13, 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 for Sale dated

January 3, 2021 (“Agreement”). The arbitration agreement is contained

in Clause 10 (found at Page 26 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.

2.        It is apparent from the record that the arbitration agreement was

invoked by the Petitioner on September 25, 2025, but there is no reply

filed to the said invocation.

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3.        The scope of review under Section 11 is explicitly set out in

Section 11(6A) of the Act. It is now trite law, with particular regard to

the decisions of a seven-judge bench in the Interplay Judgement1

followed by multiple others, including SBI General2 and Patel3 that the

Section 11 Court ought not to venture beyond examining the existence

of a validly existing arbitration agreement that has been formally

executed. Even questions of existential substance is a matter that falls

squarely in the domain of the arbitral tribunal, in view of Section 16 of

the Act.

4.        Being satisfied that an arbitration agreement is validly in

existence, and that arbitration has been duly invoked, it is in the fitness

of things to refer the disputes and differences between the parties in

connection with the aforesaid agreement to arbitration by a Sole

Arbitrator.

5.        In these circumstances, this Petition is hereby finally disposed of,

in terms of the following order:

                   A]        Mr. Mohan Narayan Kulkarni, an advocate 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;

1 In Re: Interplay Between Arbitration Agreement under Arbitration and
Conciliation Act, 1996 and Stamp Act, 1899 – (2024) 6 SCC 1
2 SBI General Insurance Co. Ltd. Vs. Krish Spinning – 2024 SCC OnLine 1974
3 Ajay Madhusudan Patel Vs. Jyotindra S. Patel – 2024 SCC OnLine, 2597
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                    Office Address:- Bhagwati Heritage, J Wing,
                                     402, Sector No.21,
                                     Kamothe, New Mumbai,
                                     Tal. Panvel, Dist. Raigad



               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
               Advocates for the Petitioner 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 Petition and a copy of the same shall be furnished
               by the Advocates for the Petitioner to the Advocates for
               the Respondent;

               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
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                   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.

6.        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.


7.        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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