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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

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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