MULUND KAMLESH CO OPERATIVE HOUSING SOCIETY LTDversusMUKESH ENTERPRISES

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                                                                                 Sayali

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

SAYALI                     COMM ARBITRATION APPLICATION NO. 623 OF 2026
DEEPAK
UPASANI
                   Mulund Kamlesh Co-operative Hsg Soc
Digitally signed   Ltd                                           … Applicant
by SAYALI
DEEPAK
UPASANI                      V/s.
Date: 2026.10.09
16:56:59 +0530     Mukesh Enterprises                            … Respondent

                   Mr. Om Gandhi with Mr. Manish Reshim i/b Hemant
                   Ghadigaonkar, for the Applicant.
                   Mr. Nitesh Menon, for Respondent nos.1 to 3.


                                               CORAM       : AMIT BORKAR, J.

                                               DATED       : OCTOBER 9, 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 an
                   Agreement dated 16 July, 2013. The arbitration agreement
                   between the parties is contained in Clause 36 of the said
                   Agreement, a copy whereof is placed at page 94 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.




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2.    The record indicates that the Applicant invoked the
arbitration agreement by issuing a notice dated 16 May 2026. In
response to this, respondent file reply on 25 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 28 February, 2022 to the 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. Cyrus Jal, 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:- Chambers of Karl Tamboly, Office No. 3,
      2nd Floor, Brady House, 12/14, Veer Nariman Road, Fort,
      Mumbai – 400001.

      Contact No.9820343038

      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



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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 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.

E)   All arbitral costs and fees of the arbitration and of
the Arbitral Tribunal shall be borne by the parties equally



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     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.

8.    The Commercial Arbitration Application stands disposed of
in above terms.

                                               (AMIT BORKAR, J.)




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