Bombay High Court
INNOVISION LIMITED Thr Anil KumarversusMs BVC LOGISTICS PVT LTD
- Decided
- Disposal
- DISPOSED OFF
Holding
The court held that a valid arbitration agreement existed and duly appointed Ms. Ayushi Anandpara Parekh as the sole arbitrator to adjudicate the disputes.
Summary
The applicant, Shabnoor Ayub, filed an application under Section 11 of the Arbitration and Conciliation Act, 1996 seeking the appointment of an arbitrator to resolve disputes arising from an agreement dated 19 April 2024. The applicant had invoked the arbitration clause by issuing notices on 28 July 2025 and 29 August 2025. The court examined the record and concluded that a valid and subsisting arbitration agreement existed and had been properly invoked. Consequently, the court appointed Ms. Ayushi Anandpara Parekh, an advocate of the court, as the sole arbitrator and issued detailed procedural directions, including the requirement to file statutory statements of disclosure under Sections 11(8) and 12(1). The court ordered that arbitration costs be borne equally by the parties pending any award and disposed of the application accordingly.
Issues considered
- Whether a valid arbitration agreement exists between the parties under the 2024 Agreement
- Whether the court has jurisdiction to appoint a sole arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996
- What procedural steps must be followed after the appointment of the arbitrator
Legislation cited
- Arbitration and Conciliation Act, 1996 — s. 11, 11(8), 12(1)
Subjects
- Arbitration
- Section 11
- Arbitration agreement
- Sole arbitrator
- Commercial dispute
- Arbitration costs
- Statutory disclosure
Judgment
17-carap-390-2026.doc
Shabnoor
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
IN ITS COMMERCIAL DIVISION
COMM ARBITRATION APPLICATION NO.390 OF 2026
SHABNOOR Innovision Limited
AYUB
PATHAN Through Anil Kumar … Applicant
Digitally signed by
SHABNOOR AYUB
V/s.
PATHAN
Date: 2026.10.01
BVC Logistics Pvt Ltd. … Respondent
18:33:20 +0530
Mr. Rohit Kumar Mishra, for the Applicant.
Mr. Hitesh P Mishra, for Respondent No.1.
CORAM : AMIT BORKAR, J.
DATED : NOVEMBER 1, 2026
P.C.:
1. The present Application has been filed under Section 11 of
the Arbitration and Conciliation Act, 1996 (“the Act”), seeking the
appointment of an Arbitrator for adjudication of the disputes and
differences stated to have arisen between the parties under an
Agreement dated 19 April 2024. The arbitration agreement
between the parties is contained in Clause 11.12(b) of the said
Agreement, a copy whereof is placed at page 40 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.
2. The record indicates that the Applicant invoked the
arbitration agreement by issuing a notice dated 28 July 2025 and
29 August 2025.
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17-carap-390-2026.doc
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 19 April 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) Ms. Ayushi Anandpara Parekh, an 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:- C/o Rohaan Cama, Office Nos. 17–18, 1st
Floor, Islam Building, Veer Nariman Road, Fort, Mumbai –
400001.
Email ID: [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
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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 may be
indicated by the Learned Sole Arbitrator, for obtaining
appropriate directions with regard to the conduct of the
arbitral proceedings, including fixing the schedule for
filing of pleadings, examination of witnesses, if any, and
dates of hearing. At such meeting, the parties shall
furnish to the Arbitral Tribunal valid and functional
email addresses, together with the mobile and landline
telephone numbers of their respective Advocates.
Communications sent to the said email addresses shall
constitute valid service of correspondence in connection
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with the arbitral proceedings.
F) All arbitral costs and fees of the arbitration and of
the Arbitral Tribunal shall be borne by the parties equally
in the first instance. The same shall, however, remain
subject to any final Award that may be passed by the
Arbitral Tribunal in relation to costs.
6. The Learned Sole Arbitrator shall be at liberty to adjudicate
upon the claims and counterclaims, if any, and to determine all
questions relating to merits, in accordance with law.
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.
8. The Application stands disposed of in aforesaid terms.
(AMIT BORKAR, J.)
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