Created by Fuzzy Cloud

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

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




                                                        1
                                                   42-carap-298-2026.doc


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.



                                 2
                                            42-carap-298-2026.doc


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


                           3
                                                   42-carap-298-2026.doc


     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.)




                                4


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.