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Bombay High Court

MAKEMYTRIP INDIA PRIVATE LIMITEDversusMAHARASHTRA STATE ROAD TRANSPORT CORPORATION

Decided
Disposal
DISPOSED OFF

Holding

The court appointed Mr. Amrut Joshi as the sole arbitrator to adjudicate the disputes arising out of the agreement.

Summary

The Bombay High Court entertained an application under Section 11 of the Arbitration and Conciliation Act, 1996 filed by MakeMyTrip (India) Ltd. seeking appointment of an arbitrator to resolve disputes arising from an agreement dated 4 January 2024 with Maharashtra State Road Transport Corporation. The court examined the notice of arbitration dated 5 March 2025 and found that the arbitration clause in the agreement was validly invoked. Consequently, the court held that a subsisting arbitration agreement existed and was properly invoked. It appointed Mr. Amrut Joshi, Advocate of the Court, as the sole arbitrator and issued procedural directions regarding disclosure statements, communication details, and cost allocation. All substantive issues were left open for determination by the appointed arbitrator.

Issues considered

  • Whether a valid and subsisting arbitration agreement exists between the parties and has been duly invoked.
  • Whether the court may appoint a sole arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996.

Legislation cited

Subjects

  • Arbitration
  • Section 11
  • Sole Arbitrator
  • Arbitration Agreement
  • Commercial Arbitration
  • High Court
  • Cost Allocation

Judgment

                                                    7-carap-381-2026.doc


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

     COMMERCIAL ARBITRATION APPLICATION NO.381 OF 2026

MakeMyTrip (India) Limited                 … Applicant
           V/s.
Maharashtra State Road Transport           … Respondent
Corporation

Mr. Aditya Mehta a/w Ms. Shivani Garg, Mr. Agneya
Gopinath and Ms. Deeksha Dev Singh i/b Cyril
Amarchand Mangaldas for the Applicant.
Mr. Nitesh Bhutekar a/w Mr. Prathamesh Mandlik, for
Respondent.


                             CORAM    : AMIT BORKAR, J.

                             DATED    : SEPTEMBER 9, 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 for adjudication of the disputes and
differences stated to have arisen between the parties under an
Agreement dated 4 January 2024, a copy of which is placed at
page 97 of the Application. The arbitration agreement between the
parties is contained in Clause 52 of the said Agreement, a copy of
which is placed at page 106 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.




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2.    The record indicates that the Applicant invoked the
arbitration agreement by issuing a notice dated 5 March 2025.

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 dated          4 January 2024 to arbitration
before a Sole Arbitrator.

5.    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)    Mr. Amrut Joshi, 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;
      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;



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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 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,



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     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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