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Bombay High Court

Rohit Ramkishor PalversusEat Nino Private Limited

Decided
Disposal
DISPOSED OFF

Holding

A valid arbitration agreement exists and the court may appoint a sole arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996.

Summary

The applicant filed an application under Section 11 of the Arbitration and Conciliation Act, 1996 seeking the appointment of an arbitrator to resolve disputes arising from an agreement dated 4 June 2025. The court examined the record and found that a valid and subsisting arbitration agreement existed and had been duly invoked by the applicant. Consequently, the court exercised its power under Section 11 to appoint Ms. Pranita Saboo as the sole arbitrator. The order also directed the parties to provide contact details, required the arbitrator to file a statutory Statement of Disclosure, and stipulated that arbitral costs be borne equally by the parties pending any award. All substantive issues were left open for determination by the appointed arbitrator.

Issues considered

  • Whether a valid arbitration agreement exists between the parties
  • Whether the High Court has jurisdiction to appoint an arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996
  • Whether the procedural requirements under Sections 11(8) and 12(1) of the Act have been complied with

Legislation cited

Subjects

  • Arbitration
  • Section 11
  • Appointment of Arbitrator
  • Arbitration Agreement
  • Commercial Arbitration
  • High Court of Bombay

Judgment

                                                                            26-carap-141-2026.doc


                      Shabnoor
                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   ORDINARY ORIGINAL CIVIL JURISDICTION
                                        IN ITS COMMERCIAL DIVISION

                           COMMERCIAL ARBITRATION APPLICATION NO.141 OF 2026
SHABNOOR
AYUB
PATHAN                Rohit Ramkishor Pal                            … Applicant
Digitally signed by
SHABNOOR AYUB
                                 V/s.
PATHAN
Date: 2026.09.11      Eat Nino Private Limited                       … Respondent
16:42:13 +0530




                      Ms. Deepika Prabhala i/b RES Juris, for Applicant.


                                                   CORAM      : AMIT BORKAR, J.

                                                   DATED      : SEPTEMBER 11, 2026
                      P.C.:
                      1.      The present Application has been filed under Section 11 of
                      the Arbitration and Conciliation Act, 1996 (“the Act”), seeking the
                      appointment of an Arbitrator for adjudication of the disputes and
                      differences stated to have arisen between the parties under an
                      Agreement dated 4 June 2025. The arbitration agreement between
                      the parties is contained in Clause XVII of the said Agreement, a
                      copy whereof is placed at page 44 of the Application. In the
                      interest of brevity, the said arbitration clause is not reproduced
                      herein. It would suffice to observe that the present Application
                      falls within the jurisdiction of this Court.

                      2.      The record indicates that the Applicant invoked the
                      arbitration agreement by issuing a notice dated 17 September
                      2025. Upon perusal of the material placed on record, it is evident
                      that the arbitration agreement has been duly invoked by the
                      Applicant.



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3.    This Court is satisfied that a valid and subsisting arbitration
agreement exists between the parties and that the said agreement
has been duly invoked. It would, therefore, be appropriate to refer
the disputes and differences arising out of or in connection with
the aforesaid Agreement dated 4 June 2025 to arbitration before a
Sole Arbitrator.

4.    In the aforesaid circumstances, the present Application under
Section 11 of the Act, is deserved to be disposed of in terms of the
following order:

      A)    Ms. Pranita Saboo, 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;
      Office Address:- Add: 6th floor, Aban House, Saibaba Rd,
      beside Keneseth Eliyahoo Synagogue, Kala Ghoda, Fort,
      Mumbai, Maharashtra 400001;

      Email: [email protected]


      B)    A copy of this Order will be communicated to the
      Learned Sole Arbitrator by the Advocates for the
      Applicant within a period of one week from today. The
      Applicant 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


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

D)      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;

E)      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;

F)      All arbitral costs and fees of the Arbitral Tribunal
as prescribed in the schedule of the Institute 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.



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5.    All issues on merits are expressly kept open to be agitated
before the arbitral tribunal appointed hereby.
6.    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.

                                            (AMIT BORKAR, J.)




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