Bombay High Court
Anarock Property Consultant Private LimitedversusThe Green Touch
- Decided
- Disposal
- DISPOSED OFF
Holding
The Court held that a valid arbitration agreement exists and appointed Ms. Ayushi Anandpara as the sole arbitrator under Section 11 of the Act.
Summary
The applicant, Anarock Property Consultants Pvt. Ltd., filed an application under Section 11 of the Arbitration and Conciliation Act, 1996 seeking the appointment of an arbitrator for disputes arising under an agreement dated 15 January 2023. The applicant had served a notice of arbitration on 7 August 2025, but the respondent, The Green Touch, neither replied nor filed any affidavit. The Court examined the record and concluded that a valid and subsisting arbitration agreement existed and had been duly invoked. Consequently, the Court appointed Ms. Ayushi Anandpara as the sole arbitrator and issued procedural directions for disclosure and communication. All substantive issues were left open for determination by the appointed arbitrator, and the costs of the arbitration were ordered to be borne equally by the parties.
Issues considered
- Whether a valid arbitration agreement exists between the parties.
- Whether the High Court can appoint a sole arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996.
Legislation cited
- Arbitration and Conciliation Act, 1996 — s. 11, 11(8), 12(1)
Subjects
- Arbitration
- Section 11
- Appointment of Arbitrator
- Arbitration Agreement
- Commercial Arbitration
- Bombay High Court
Judgment
42-carap-298-2026.doc
SHABNOOR
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
IN ITS COMMERCIAL DIVISION
SHABNOOR
AYUB COMMERCIAL ARBITRATION APPLICATION NO. 298 OF 2026
PATHAN
Digitally signed by
SHABNOOR AYUB
PATHAN Anarock Property Consultants Pvt. Ltd. … Applicant
Date: 2026.08.20
17:21:17 +0530 V/s.
The Green Touch … Respondent
Mr. Saurabh Bachhawat a/w Kaushik Puranik for
Applicant.
CORAM : AMIT BORKAR, J.
DATED : AUGUST 20, 2026
P.C.:
1. This Application 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 15 January 2023. The arbitration
agreement is contained in Clause 12 at Pages 34 to 41 of the
Application. 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. The record indicates that the Applicant invoked the
arbitration agreement by issuing a notice dated 7 August 2025
at pages 175 to 179. Despite service of the said notice, the
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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
under Section 11 of the Act is disposed of in terms of the
following order:
A) Ms. Ayushi Anandpara, 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 Rohaan Cama, Office
nos.17/18, 1st floor, Islam building, Veer Nariman Road,
Fort, Mumbai.
Email - [email protected]
Contact - 9833144496.
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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,
schedule of hearings etc. At such meeting, the parties
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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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