Amber Apartment Makers Private LimitedversusZara Infrabuild LLP

                                                                         44-CARAP-554-2026.doc


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

                           COMM ARBITRATION APPLICATION NO. 554 OF 2026

SHABNOOR           Amber Apartment Makers
AYUB
PATHAN             Private Limited                               … Applicant
Digitally signed
by SHABNOOR
                              V/s.
AYUB PATHAN        Zara Infrabuild LLP                           … Respondent
Date: 2026.08.28
18:48:50 +0530


                   Mr. Jehangir Jejeebhoy a/w Ms. Aishwaryajeeta Tawde
                   i/b Kanga & Company, for the Applicants.


                                               CORAM       : AMIT BORKAR, J.

                                               DATED       : AUGUST 28, 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 3 October 2024. The arbitration agreement
                   between the parties is contained in Clause 17 of the said
                   Agreement, a copy whereof is placed at pages 61 and 62 of the
                   Application. The said Clause provides for Mumbai as the seat of
                   arbitration. 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 Applicant has filed an Affidavit of Service dated 28
                   August 2026. On the last occasion, the learned Advocate appearing




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for the Respondent sought time. However, today, none appears on
behalf of the Respondents.

3.   The record indicates that the Applicant invoked the
arbitration agreement by issuing a notice dated 3 February 2026.
On perusal of the reply filed by Respondent Nos. 1 to 3, it appears
that the existence of the arbitration agreement is not in dispute.
However, the Respondents have raised objections that the
invocation of arbitration is premature and that no arbitrable
dispute has crystallised between the parties so as to warrant
commencement of arbitral proceedings.

4.   Upon perusal of the material placed on record, it is evident
that the arbitration agreement has been duly invoked by the
Applicant. This Court is satisfied that a valid and subsisting
arbitration agreement exists between the parties and that the same
has been duly invoked.

5.   As regards the objections raised by the Respondents that the
invocation of arbitration is premature and that no arbitrable
dispute has crystallised between the parties, the said objections
can appropriately be raised before and considered by the Arbitral
Tribunal in accordance with law, including under Section 16 of the
Act. At this stage, the said objections do not constitute a ground
for refusing appointment of an Arbitrator.

6.   In the aforesaid circumstances, it would be appropriate to
refer the disputes and differences arising out of or in connection
with the aforesaid Agreement dated 3 October 2024 to arbitration
before a Sole Arbitrator. Hence, the present Application deserves to



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be allowed and is disposed of in terms of the following order:

     A)    In exercise of powers under Section 11 of the
     Arbitration and Conciliation Act, 1996, Hon’ble Shri Justice
     Nitin Jamdar, former Chief Justice of the Kerala High Court,
     14 A, Commerce House, Nagindas Master Road, Fort,
     Mumbai – 400 001 is appointed as the sole Arbitrator to
     adjudicate the disputes and differences arising between the
     parties in connection with the Agreement dated 3 October
     2024 as may fall within the scope of the arbitration
     agreement.
     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;

     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



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     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,
     and shall be subject to any final Award that may be
     passed by the Tribunal in relation to costs.

7.    All issues on merits are expressly kept open to be agitated
before the arbitral tribunal appointed hereby.
8.    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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