Kalpataru Projects International LimitedversusMs Krupay Industries

                                                                          45-CARAP-585-26-F.doc



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

                              COMM. ARBITRATION APPLICATION NO. 585 OF 2026

                      Kalpataru International Projects Limited      … Applicant
                                 V/s.
                      M/s. Krupay Industries                        … Respondents

SAYALI                Ms. Shivani Kumbhojkar with Giripriya PM i/b The
DEEPAK                Law Point, for Applicant.
UPASANI
                      Mr. Aayush Kothari i/b Sanjay Udeshi and Co., for
Digitally signed by
SAYALI DEEPAK         Respondents.
UPASANI
Date: 2026.08.28
18:34:29 +0530
                                                   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, hereinafter referred
                      to as “the Act”, seeking the appointment of an Arbitrator for
                      adjudication of the disputes and differences stated to have
                      arisen between the parties in connection with the Work Order
                      dated 14th October, 2024 at Ex. A annexed to the petition. The
                      arbitration agreement between the parties is contained in Clause
                      21 thereof, which is placed on record at page 19.1 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 is within the territorial jurisdiction of this
                      Court.



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2.    It appears from the record that the Applicant invoked the
arbitration agreement by issuing a notice dated 24th April, 2026.

3.    By consent of the parties, the disputes and differences
arising out of and in connection with the Work Order dated 14th
October, 2024 at Ex. A annexed to the petition are required to be
referred for adjudication to arbitration by a Sole Arbitrator.

4.    In view of the aforesaid, the present Application filed
under Section 11 of the Act is disposed of by passing the
following order:

         A) Mr. Rubin Vakil, 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 referred to above;

         Office Address:- 402, Haman House, Ambalal Doshi
         Marg, Fort, Mumbai – 400 001..

         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;

         C) The Learned Sole Arbitrator is requested to
         forward the statutory Statement of Disclosure



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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
correspondence in connection with the arbitration;

F) All arbitral costs and fees of the Arbitral Tribunal


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          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.

5.        All issues on merits including limitation are expressly
kept open to be agitated before the arbitral tribunal appointed
hereby.

6.    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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