Bombay High Court
Hanskumar Shivraj NagdaversusAum Punit Realty LLP
- Decided
- Disposal
- DISPOSED OFF
Holding
The Court held that a valid arbitration agreement existed and had been properly invoked, warranting the appointment of a sole arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996.
Summary
The petitioners, Shabnoor Ayub Pathan and others, invoked an arbitration clause (Clause 29) in an agreement dated 18 December 2018 by issuing a notice on 2 April 2026. The respondents, Aum Punit Realty LLP and another, contested the appointment of an arbitrator, leading the Court to examine whether a valid arbitration agreement existed and had been properly invoked. The Court found that the arbitration agreement was subsisting and duly invoked, thereby falling within its jurisdiction under the Arbitration and Conciliation Act, 1996. Consequently, the Court appointed Ms. Ayushi Anandpara Parekh as the sole arbitrator and issued procedural directions for disclosure and conduct of the arbitral proceedings. The order also stipulated equal sharing of arbitral costs pending any award, and the petition was disposed.
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 has jurisdiction to appoint a sole arbitrator.
Legislation cited
- Arbitration and Conciliation Act, 1996 — s. 11, 11(8), 12(1)
Subjects
- Arbitration
- Section 11
- Arbitration agreement
- Appointment of arbitrator
- Commercial arbitration
- Cost allocation
Judgment
902-carbp-l-16181-2026 with connected.doc
Shabnoor
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
IN ITS COMMERCIAL DIVISION
COMM ARBITRATION PETITION (L) NO.16181 OF 2026
SHABNOOR
AYUB
PATHAN Hanskumar Shivraj Nagda and Ors … Petitioners
Digitally signed by
SHABNOOR AYUB
V/s.
PATHAN
Date: 2026.10.01
Aum Punit Realty LLP & Anr. … Respondents
18:33:20 +0530
WITH
COMM ARBITRATION APPLICATION NO.573 OF 2026
Hanskumar Shivraj Nagda and Ors … Applicants
V/s.
Aum Punit Realty LLP & Anr. … Respondents
Ms. Janhvi Durve, with Mr. Santosh Jadhav, Ganesh
Ambekar, for the Petitioners.
CORAM : AMIT BORKAR, J.
DATED : OCTOBER 1, 2026
P.C.:
1. The matter is listed on board for Speaking to the Minutes of
the order dated 24 September 2026 and hence, following order is
passed:
2. 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 18 December 2018. The arbitration agreement
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902-carbp-l-16181-2026 with connected.doc
between the parties is contained in Clause 29 of the said
Agreement. 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.
3. The record indicates that the Applicant invoked the
arbitration agreement by issuing a notice dated 2 April 2026.
4. Upon perusal of the material placed on record, it is evident
that the arbitration agreement has been duly invoked by the
Applicant.
5. 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 18 December 2018 to arbitration
before a Sole Arbitrator.
6. 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 dated 18 December 2018;
Office Address:- C/o Rohaan Cama, Office Nos. 17–18, 1st
Floor, Islam Building, Veer Nariman Road, Fort, Mumbai –
400001.
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902-carbp-l-16181-2026 with connected.doc
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
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
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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.
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.
7. 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.
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.
9. The Commercial Arbitration Petition stands disposed of.
10. This order be read in continuation of the order dated
24 September 2026.
(AMIT BORKAR, J.)
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