Bombay High Court
Beejay Realtors Pvt LtdversusMs Sahyog Morya
- Decided
- Disposal
- DISPOSED OFF
Holding
The court exercised its power under Section 14 to appoint a fresh arbitrator, Justice Suresh C. Gupte, to replace the recused arbitrator.
Summary
The petition was filed under Section 14 of the Arbitration and Conciliation Act, 1996 seeking the substitution of an arbitrator who had recused himself after attempting mediation. The court noted that the respondents did not oppose the appointment of a new arbitrator. Accordingly, the court appointed former Judge Justice Suresh C. Gupte as the sole arbitrator and directed procedural steps, including disclosure under Sections 11(8) and 12(1). The parties were instructed to communicate the appointment and to bear the arbitrator's fees equally. The court also extended the time to deposit the original bank guarantee and disposed of the petition.
Issues considered
- Whether the court can substitute the arbitrator under Section 14 of the Arbitration and Conciliation Act, 1996 after the arbitrator’s recusal
- Whether the parties’ consent (or lack of opposition) is required for appointment of a new arbitrator
Legislation cited
- Arbitration and Conciliation Act, 1996 — s. 11(8), 12(1), 14
Subjects
- Arbitration
- Substitution of arbitrator
- Section 14
- Recusal
- Commercial arbitration
- High Court of Bombay
Judgment
1/3 25-CARBP-1029-2026 (OS).DOC
Digitally
signed by
VAIBHAV
VAIBHAV NAMDEV
NAMDEV BARE
BARE Date:
2026.09.11
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
17:37:22
+0530
ORDINARY ORIGINAL CIVIL JURISDICTION
COMMERCIAL ARBITRATION PETITION NO. 1029 OF 2026
Beejay Realtors Pvt Ltd ...Petitioner
Versus
M/s Sahyog Morya & Ors. ...Respondents
_______
Mr. Ronish Mehta a/w Mr. Jerome Stephen i/b Vinod Mistry & Co., for the
Petitioner.
Mr. Mayur Khandeparkar a/w Mr. Akash Gupta, Mr. Rahul Shelar i/b Jeet
Gandhi, for Respondent No.2.
Ms. Manaswi Agrawal, for Respondent No.4.
_______
CORAM : ARIF S. DOCTOR, J.
DATE : 9th SEPTEMBER, 2026
P.C.
1. The captioned Petition is filed under Section 14 of the Arbitration and
Conciliation Act, 1996 seeking substitution of the Arbitrator who was appointed
by this Court detailed an order dated 10 th February 2026 to adjudicate the
disputes and differences between the parties. It is common ground before me
that the learned Arbitrator, after entering upon reference, attempted to resolve
the disputes and differences between the parties by acting as an mediator. The
disputes and differences could not be resolved and it is thus that the learned
Arbitrator recused himself from the hearing of the reference and it is thus that
the Petition is filed.
Vaibhav
2/3 25-CARBP-1029-2026 (OS).DOC
2. Learned counsel for the Respondents very fairly does not oppose the
appointment of a fresh Arbitrator in place and stead of the Hon’ble Mr. S. J.
Vazifdar, (Former Chief Justice of Punjab and Haryana High Court).
3. Accordingly I appoint Justice Suresh C. Gupte, Former Judge of this Court
to act as the Arbitrator in the matter. The details of the Arbitrator are as follows:
Justice Suresh C. Gupte,
Address: 43, FP House, 4th Floor,
215, Free Press Journal Marg,
Nariman Point, Mumbai-400021
Email: [email protected]
Mob. No. 9821010104
(A) A copy of this order be communicated of the learned sole Arbitrator by the
Advocate for the Petitioner within a period of one week from the date of
uploading of this order. The Petitioner shall provide the particulars of contact
and communication of the parties to the Arbitral Tribunal along with a copy of
this order.
(B) The learned sole Arbitrator is requested to forward the statutory Statement
of Disclosure under Section 11(8) read with Section 12(1) of the Arbitration and
Conciliation Act to the parties within a period of 2 weeks from receipt of a copy
of this order.
(C) The parties shall appear before the learned sole Arbitrator on such date
and at such place as indicated by the Learned Arbitrator, obtain appropriate
direction with regard of conduct of the arbitration proceedings including fixing
a schedule for pleadings, examination of witness, if any, schedule of hearing etc.
Vaibhav
3/3 25-CARBP-1029-2026 (OS).DOC
(D) The fees of the sole Arbitrator shall be borne by the parties on equal
proportion and shall be subject to the final Award that may be passed by the
Tribunal.
4. All rights and contentions of Respondent No.4 are expressly kept open.
5. I have also extended the time to deposit the original bank guarantee as
recorded in paragraph 2(v) of the order dated 10 th February 2026 by a period of
four weeks from today.
6. Accordingly, the Petition is disposed of.
[ARIF S. DOCTOR, J.]
Vaibhav
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