Enrich Global Infra LimitedversusSanjiv Kumar Thakur

                                                                     28-carap-235-2026-F.doc


                        SHABNOOR

                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                               ORDINARY ORIGINAL CIVIL JURISDICTION
                                   IN ITS COMMERCIAL DIVISION
SAYALI
DEEPAK              COMMERCIAL ARBITRATION APPLICATION NO. 235 OF 2026
UPASANI
Digitally signed
                   Enrich Global Infra Limited                  … Applicant
by SAYALI
DEEPAK                        V/s.
UPASANI
Date: 2026.08.27   Sanjiv Kumar Thakur & Anr.                   … Respondents
19:12:53 +0530



                   Ms. Sonia Redkar a/w Ms. Ankita Tamble, for the
                   Applicant.

                                                 CORAM    : AMIT BORKAR, J.

                                                 DATED    : AUGUST 27, 2026

                   P.C.:
                   1.      The present Application has been filed under Section 11 of
                   the Arbitration and Conciliation Act, 1996 (“the Act”), seeking
                   appointment of an arbitrator in respect of the disputes and
                   differences stated to have arisen between the parties under the
                   Agreement dated 2 November 2017, a copy whereof is annexed
                   at pages 55 to 57 of the Application. The arbitration agreement
                   is contained in the second-last paragraph of Clause, appearing at
                   page 56 of the Application. For the sake of brevity, the said
                   arbitration agreement is not reproduced herein. Suffice it to note
                   that the present Application falls within the territorial
                   jurisdiction of this Court.




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2.    The record indicates that the Applicant invoked the
arbitration agreement by issuing a notice dated 8 September
2025. Despite service of the said notice, the Respondent has
neither furnished any reply thereto nor filed any affidavit in
reply to the present Application.

3.    Upon perusal of the material placed on record, it is evident
that the arbitration agreement has been duly invoked by the
Applicant.

4.    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 to arbitration before
a Sole Arbitrator.

5.    In the aforesaid circumstances, the present Application
filed under Section 11 of the Act is disposed of in terms of the
following order:

      A)     Mr. Ashish Venugopal, 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:- Chambers of Nikhil Sakhardande,
      Senior   Advocate    Office    Address:-1101,   11th      Floor,
      1Infinity (Formerly known as Ramnimi Fort), Cawasji Patel
      Street, Mumbai 400001



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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 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,


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     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
     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.    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.


                                          (AMIT BORKAR, J.)




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