Created by Fuzzy Cloud

Bombay High Court

Armeka Financial Consultants Private LimitedversusBharat Financial Inclusion Limited

Decided
Disposal
DISPOSED OFF

Holding

A valid arbitration agreement existed and had been properly invoked, justifying the appointment of a sole arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996.

Summary

Armeka Financial Consultants Private Limited filed a Section 11 application in the Bombay High Court seeking the appointment of an arbitrator to resolve disputes arising under a Master Service Agreement and an Engagement Letter with Bharat Financial Inclusion Limited. The court examined whether a valid arbitration clause existed in Clause 13.3 of the agreement and whether the applicant had duly invoked it by a notice dated 9 April 2026. Finding that the arbitration agreement was subsisting and properly invoked, the court ordered the matters to be referred to arbitration. It appointed Mr. Abhishek Kothari as the sole arbitrator and directed the parties to comply with statutory disclosure requirements under Sections 11(8) and 12(1) of the Arbitration and Conciliation Act, 1996. The order also provided procedural directions on costs, communications, and scheduling of the arbitral proceedings, thereby disposing of the application.

Issues considered

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

Legislation cited

Subjects

  • Arbitration
  • Section 11
  • Arbitration Agreement
  • Commercial Arbitration
  • Appointment of Arbitrator
  • Master Service Agreement

Judgment

                                                                          39-carap-528-2026.doc


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

                           COMMERCIAL ARBITRATION APPLICATION NO. 528 OF 2026
         Digitally
         signed by
         SHABNOOR
SHABNOOR AYUB
                      Armeka Financial Consultants Private
AYUB     PATHAN
PATHAN   Date:
                      Limited                                     … Applicant
         2026.09.18
         17:28:18                V/s.
         +0530
                      Bharat Financial Inclusion Limited          … Respondent

                      Mr. Sankalp Anantwar with Ronak Mistry i/b SMA Law
                      Partners, for the Applicant.


                                                   CORAM     : AMIT BORKAR, J.

                                                   DATED     : SEPTEMBER 18, 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 the
                      Master Service Agreement dated 30 January 2024 at page 43 read
                      with Engagement Letter dated 25 November 2024 at page 80 of
                      the Application. The arbitration agreement between the parties is
                      contained in Clause 13.3 of the said Agreement, a copy whereof is
                      placed at pages 56 and 56A 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 9 April 2026.


                                                        1
                                                     39-carap-528-2026.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 Master Service Agreement dated 30 January 2024
read with Engagement Letter dated 25 November 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. Abhishek Kothari 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 Sr. Adv. Ashish Kamat, 501, Oval House,
      British Hotel Lane, Kala Ghoda, Mumbai – 400001.

      Email: [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
      with a copy of this Order;



                                   2
                                               39-carap-528-2026.doc


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
with the arbitral proceedings.



                           3
                                                        39-carap-528-2026.doc


     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.

                                               (AMIT BORKAR, J.)




                                  4


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.