Bombay High Court
M/S. SHRI. AMBA APPARELS THR. TANAJIRAO JAYVANTRAO GHATAGEversusM/S. ADITYA BIRLA FASHION AND RETAIL LIMITED,
- Decided
- Disposal
- Disposed Off
Holding
The Court appoints Ms. Alpana Ghone as the sole arbitrator to adjudicate the disputes, with the seat of arbitration being Mumbai.
Summary
The petition under Section 11 of the Arbitration and Conciliation Act, 1996 sought the appointment of an arbitrator to resolve disputes arising from a franchise agreement dated 2 November 2015. The petitioner argued that, because the showroom was located in Kolhapur, the arbitrator should also be from Kolhapur, while the respondent contended that the seat of arbitration being Mumbai warranted a Mumbai‑based arbitrator. The Court considered that the seat of arbitration is Mumbai and therefore appointed Ms. Alpana Ghone as the sole arbitrator, with her office in Mumbai. The order directed the parties to cooperate with the arbitrator, provide contact details, and comply with statutory disclosure requirements under Sections 11(8) and 12(1). No merits of the underlying dispute were decided; the petition was disposed after appointing the arbitrator.
Issues considered
- Whether the High Court can appoint an arbitrator when parties disagree on the arbitrator's domicile/location
- Whether the seat of arbitration determines the appropriate location of the arbitrator
- Application of Section 11(8) and Section 12(1) of the Arbitration and Conciliation Act, 1996 for disclosure by the appointed arbitrator
Legislation cited
- Arbitration and Conciliation Act, 1996 — s. 11, 11(8), 12(1)
Subjects
- Arbitration
- Appointment of arbitrator
- Seat of arbitration
- Section 11
- Franchise agreement
- High Court
- Civil jurisdiction
Judgment
rsk 1 920-ARP-89-26.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
APPELLATE SIDE CIVIL JURISDICTION
ARBITRATION PETITION NO.89 OF 2026
M/S. Shri. Amba Apparels Thr. Tanajirao
Jayvantrao Ghatage ….Petitioner
Vs
M/S. Aditya Birla Fashion And
Retail Limited ….Respondent
Mr. Deepesh Ramrakhiani a/w. Mr. Vijay Singh and Mr. Manan Daga for the
Petitioner
Mr. Durgaprasad Sabnis a/w. Ms. Rajani Yadav for the Respondent.
CORAM : JITENDRA JAIN, J.
DATED : 31st JULY 2026
P. C. :
1. This petition is 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 have been arisen between the
parties
2. The arbitration agreement is at clause 24 of document Franchise
Agreement dated 2 November 2015. There is no dispute that differences
have arisen between the parties out of the said agreement.
3. The learned counsel for the petitioner submits that since the
showroom is situated in Kolhapur, the arbitrator should also be from
Kolhapur. The learned counsel for the respondent states that the arbitration
Digitally signed
by
RAJESHWARI
seat is at Mumbai and therefore an arbitrator from Mumbai should be
RAJESHWARI SUBODH
SUBODH KARVE
KARVE Date:
2026.07.31
16:31:31 +0530
appointed.
4. I have considered the submissions since seat is in Mumbai, an
rsk 2 920-ARP-89-26.doc
arbitrator from Mumbai will be better place to conduct arbitration. This
Court therefore appoints Ms. Alpana Ghone as a Sole Arbitrator for
resolving disputes between the parties.
5. The parties are at liberty to raise all the contentions before the
learned Arbitrator.
6. In these circumstances, the present Petition is finally disposed of in
terms of the following order :-
A) Ms. Alpana Ghone, 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;
Office address : 53, Ajaydeep House, 240 Parin
Nariman Street, Fort, Mumbai 400 001
Email ID : [email protected]
Contact No. : 8928800509
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
rsk 3 920-ARP-89-26.doc
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 in the first instance, and
shall be subject to any final Award that may be passed
by the Tribunal in relation to costs.
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.
9. Petition is disposed of in above terms.
[ JITENDRA JAIN, J. ]
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