Morphosis Realtors I Private LimitedversusGaurishankar Musafir Singh

                                                                             44-carap-512-2026.doc


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

                           COMMERCIAL ARBITRATION APPLICATION NO. 512 OF 2026

SHABNOOR              Morphosis Realtors (I) Private Limited        … Applicant
AYUB                            V/s.
PATHAN
Digitally signed by
                      Gaurishankar Musafir Singh                    … Respondent
SHABNOOR AYUB
PATHAN
Date: 2026.09.10
18:26:02 +0530
                      Mr. Amoh Singh a/w Rahul Arora i/b Jeet Gandhi, for
                      the Applicant.
                      Mr. Sandeep Singh, for Respondent.


                                                  CORAM       : AMIT BORKAR, J.

                                                  DATED       : SEPTEMBER 10, 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 14 March 2011. The arbitration agreement
                      between the parties is contained in Clause 30 of the said
                      Agreement, a copy whereof is placed at page 38 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 11 June 2026.
                      Despite service of the said notice, the Respondent has neither




                                                         1
                                                     44-carap-512-2026.doc


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 dated 14 March 2011 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)     Justice Avinash Gharote former judge of this Court, is
      hereby appointed as the Sole Arbitrator to adjudicate upon
      the disputes and differences between the parties arising out
      of Development Agreement dated 14 March 2011;

      Office Address:- Plot No.49, Ground Floor, Shreenarayan
      Complex, Besides Punjab National Bank, Bajaj Nagar, Nagpur
      440010

      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




                                 2
                                                   44-carap-512-2026.doc


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 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



                              3
                                                     44-carap-512-2026.doc


     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