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Bombay High Court

Rajeev Manmohan GuptaversusNice Shelters

Decided
Disposal
DISPOSED OFF

Holding

The court appointed Mr. Ashish Venugopal as sole arbitrator and converted the Section 9 application into a Section 17 application for determination by the arbitrator.

Summary

The Bombay High Court, by consent of the parties, appointed Mr. Ashish Venugopal as the sole arbitrator to resolve disputes arising out of the parties' agreement. The court directed that the parties provide contact details to the arbitrator and that the arbitrator issue the statutory State of Disclosure under Section 11(8) read with Section 12(1) of the Arbitration and Conciliation Act, 1996. It converted the pending application under Section 9 of the Act into an application under Section 17, to be decided by the appointed arbitrator. The order expressly stated that it does not express any opinion on the merits of the dispute. All arbitration costs were initially to be borne equally by the parties, subject to the final award. The court ordered that the parties appear before the arbitrator for procedural directions and disposed of the arbitration petitions.

Issues considered

  • Whether the court may appoint a sole arbitrator by consent of the parties
  • Conversion of a Section 9 application into a Section 17 application under the Arbitration and Conciliation Act, 1996
  • Procedural directions regarding disclosure, communication, and cost allocation in arbitration

Legislation cited

Subjects

  • Arbitration
  • Sole arbitrator
  • Section 9
  • Section 17
  • Arbitration costs
  • State of Disclosure
  • Procedural order

Judgment

                                                                           66-carbp-l-19805-2026.doc


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

SHABNOOR                       COMM ARBITRATION PETITION NO.19805 OF 2026
AYUB                                             AND
PATHAN
                              COMM ARBITRATION APPLICATION NO. 527 OF 2026
Digitally signed by
SHABNOOR AYUB
PATHAN
Date: 2026.08.21
18:58:26 +0530
                      Rajeev Manmohan Gupta                           … Petitioner
                                 V/s.
                      Nice Shelter & Ors.                             … Respondents

                      Ms. Shreya Jha a/w Hetal Patel, S. Shetye and
                      Hemanshu, for the Applicant/Petitioner.
                      Ms. Aditi Bhat a/w Ms. Miloni Gada, Ms. Manisha
                      Prajapati, Ms. Sanhita Chaure i/b Miloni Gada & Co,
                      for Respondent Nos.2 and 3.
                      Mr. Vishal Kanade a/w Ms. Aneesha Munshi i/b Divya
                      Shah & Associate, for Respondent No.4.


                                                   CORAM      : AMIT BORKAR, J.

                                                   DATED      : AUGUST 21, 2026
                      P.C.:

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

                      (a)      Mr. Ashish Venugopal, Advocate of this Court having
                               Address:    Chambers    of    Nikhil   Sakhardande,        Senior
                               Advocate, 1101, 11th Floor, 1infinity (formerly known as
                               Ramnimi Fort), Cawasji Patel Street, Mumbai - 400 001.
                               Email:[email protected]          Contact:         +91
                               9029071385 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;



                                                         1
                                                    66-carbp-l-19805-2026.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
                                                   66-carbp-l-19805-2026.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


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