Shree Sarnarth Spark Developers Pvt LtdversusAmardeep Constructions

                                            13-38-carap-596-2026 with connected.doc


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

        COMM ARBITRATION APPLICATION NO.596 OF 2026

Shree Sarnarth Spark Developers Pvt
Ltd.                                             … Applicants
          V/s.
Amardeep Constructions                           … Respondent

                          WITH
     COMM ARBITRATION APPLICATION (ST) NO. 28336 OF 2026

Jeram Jetha Gami & Anr.                          … Applicants
           V/s.
Shree samarth spark developer & Anr.             … Respondents

Mr. Chirag Kamdar A/W Mr. Aman Saraf i/by Bipin
Joshi, for the Applicants in CARAPL/28336/2026 &
Respondent Nos. 4 and 5 in CARAP/596 of 2026.
Mr. Aadil Parsurampuriia with Mr. Samir M.
Suryawansho for the Applicant in CARAP/596/2026.
Mr.  Sanjiv  Sawant           for       Respondent         No.1
CARAPL/28336/2026.
Mr. A.R. Gole with Ms. Vishwali V. Botle for Respondent
Nos.3 and 4 in CARAPL/28336/2026.


                            CORAM         : AMIT BORKAR, J.

                            DATED         : SEPTEMBER 9, 2026
P.C.:
1.      The present Applications have 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



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Agreement dated 31 December 2024. The arbitration agreement
between the parties is contained in Clause 31 of the said
Agreement, a copy whereof is placed at page 174 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 13 June 2026.

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 Agreement dated 31 December 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)     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



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parties in connection with the Development Agreement
dated 31.12.2024 as may fall within the scope of the
arbitration agreement.

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 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




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     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.

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




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