Created by Fuzzy Cloud

Bombay High Court

Anish Linesh ShethversusLokendra D Sheth

Decided
Disposal
DISPOSED OFF

Holding

Ms. Maithili Parikh is appointed as the sole arbitrator to adjudicate the dispute.

Summary

The Bombay High Court, Commercial Division, entertained an arbitration application filed by Shabnoor and Anish Linesh Sheth (applicants) against Ayub Pathan (respondent). By mutual consent, the court appointed Ms. Maithili Parikh as the sole arbitrator to resolve disputes arising out of the parties' agreement. The court directed the parties to furnish contact details to the arbitrator, to receive statutory disclosures under Section 11(8) and Section 12(1) of the Arbitration and Conciliation Act, 1996, and to appear for procedural directions regarding pleadings and hearings. It converted the original Section 9 application into a Section 17 application to be decided by the appointed arbitrator. The order expressly stated that it does not express any opinion on the merits and that arbitral costs will be borne equally by the parties pending the final award. The arbitration petitions were disposed of in these terms.

Issues considered

  • Whether the court may appoint a sole arbitrator by consent of the parties
  • Conversion of an application filed under Section 9 of the Arbitration and Conciliation Act, 1996 into an application under Section 17
  • Compliance with statutory disclosure requirements under Section 11(8) and Section 12(1) of the Act
  • Allocation of arbitral costs between the parties

Legislation cited

Subjects

  • Arbitration
  • Appointment of Arbitrator
  • Section 9
  • Section 17
  • Procedural Order
  • Commercial Division
  • Cost Allocation

Judgment

                                                                             36-carap-363-2026.doc


                      SHABNOOR
                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    ORDINARY ORIGINAL CIVIL JURISDICTION
                                        IN IT’S COMMERCIAL DIVISION

                               COMM ARBITRATION APPLICATION NO.363 OF 2026

SHABNOOR              Anish Linesh Sheth & Anr.                      … Applicants
AYUB                             V/s.
PATHAN
Digitally signed by
                      Lokendra D. Sheth                              … Respondent
SHABNOOR AYUB
PATHAN
Date: 2026.09.10
18:26:01 +0530                                   WITH
                              COMM ARBITRATION PETITION NO.279 OF 2026 (NOB)

                      Mr. Nilesh S. Das, with Ms. Preeti N Das, Advocate for
                      the Applicant.
                      Mr. Anand Pai a/w Mr. Vinay Nair, Ms. Lavanya
                      Panicker i/b Arun Panickar, for the Respondent.


                                                    CORAM     : AMIT BORKAR, J.

                                                    DATED     : SEPTEMBER 10, 2026
                      P.C.:

                      1.      By consent of the parties, following order is passed:

                      (a)       Ms. Maithili Parikh Advocate of this court is appointed as
                                the sole Arbitrator to adjudicate upon the disputes and
                                differences between the parties arising out of an in
                                connection with the Agreement;

                                Office   Address: C/o Zal Andhyarujina, 302, Mistry
                                Mansion, MG Road, Fort, Ahead of Kandeel Restaurant,
                                Mumbai – 400 001.
                                Email : [email protected]




                                                         1
                                                      36-carap-363-2026.doc


(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 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 State 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 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.




                                   2
                                                     36-carap-363-2026.doc


2.    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.

3.    The Application filed before this Court under Section 9 of the
Act shall stand converted into Application under Section 17 of the
Act and shall be considered by the learned Sole Arbitrator in
accordance with law.

4.    All actions required to be taken pursuant to this order shall
be taken upon receive of a downloaded copy as available on this
Court’s website.

5.    The arbitration petitions stand disposed of in above terms.


                                             (AMIT BORKAR, J.)




                                 3


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.