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Bombay High Court

Ms Bhanushali and CompanyversusMs Container Corporation of India Ltd

Decided
Disposal
DISPOSED OFF

Holding

The Court amended the order to replace the erroneous terminology, incorporate the fee schedule provision, and impose the statutory disclosure requirement on the arbitrator.

Summary

Petitioner Bhanushali & Co. filed commercial arbitration petitions seeking correction of an earlier order dated 17 September 2026. The petitioner’s counsel argued that the term “Interim Applications” should be replaced with “Commercial Arbitration Petitions” and that the order omitted the provision that arbitrator fees be governed by the Fourth Schedule of the Arbitration and Conciliation Act, 1996, as well as the mandatory disclosure requirements under Sections 11(8) and 12(5). The Court, after hearing counsel for both parties, agreed to amend the order accordingly. Paragraph 7 was inserted to specify that arbitrator fees shall follow the Fourth Schedule and that the arbitrator must make the required disclosures within two weeks of receiving the order. The amended order was declared to replace the earlier one.

Issues considered

  • Whether the term “Interim Applications” should be corrected to “Commercial Arbitration Petitions” in the order
  • Whether the order should expressly provide that arbitrator fees are governed by the Fourth Schedule of the Arbitration and Conciliation Act, 1996
  • Whether the order should mandate the arbitrator’s disclosure under Sections 11(8) and 12(5) of the Act

Legislation cited

Subjects

  • Arbitration
  • Arbitrator fees
  • Disclosure
  • Procedural amendment
  • Commercial arbitration petition

Judgment

                                                                               M6.821.26-CARBP+.DOC



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

                           COMMERCIAL ARBITRATION PETITION NO.821 OF 2026
                                               AND
                           COMMERCIAL ARBITRATION PETITION NO.822 OF 2026


         Digitally    Ms. Bhanushali and Co.                          … Petitioner
         signed by
         BASAVRAJ     Vs.
BASAVRAJ GURAPPA
GURAPPA PATIL         Ms. Container Corporation of India Ltd.         … Respondent
PATIL    Date:
         2026.09.23
         14:25:18
         +0530
                                                        __
                      Ms. Dishita Karavat i/b. EJ Law LLP for the Petitioner

                      Mr. Gautam Modanwal i/b. T. J. Pandian for the Respondent
                                                       __

                                              CORAM       :     ARIF S. DOCTOR, J.
                                              DATE        :     22nd SEPTEMBER 2026
                      P.C.

                      1.     Mentioned. Not on board. Upon mentioning, taken on Board for

                      speaking to the minutes of order dated 17th September 2026.

                      2.     The learned counsel for the petitioner points out that the words

                      “Interim Applications” mentioned in the first and last line of the order

                      be replaced with the words “Commercial Arbitration Petitions”.

                      3.     The learned counsel also points out that the order omits to

                      record that the fees and charges would be as per the Fourth Schedule

                      and also the usual directions for disclosure to be made by the learned

                      Arbitrator.




                      Basavraj                                                                 Page|1
                                                      M6.821.26-CARBP+.DOC



3.     Accordingly, the following paragraph shall be read as paragraph

No.7 of order dated 17th September 2026:

       7.   The fees of the Arbitrator shall be governed by the Fourth
       Schedule of the Arbitration and Conciliation Act, 1996. So also,
       the Arbitrator shall make the requisite disclosure under Section
       11(8) read with Section 12(5) of the Act of 1996 within a period
       of two weeks from the date of receipt of copy of this order.



4.     Order dated 17th September 2026 shall be read accordingly.




                                            [ARIF S. DOCTOR, J.]




Basavraj                                                              Page|2


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