Bombay High Court
Ms Bhanushali and companyversusMs Container Corporation of India Ltd
- Decided
- Disposal
- DISPOSED OFF
Holding
The court appointed Advocate Amrut Joshi as the substitute arbitrator to continue the arbitration proceedings.
Summary
The petitioners sought the appointment of a new arbitrator after the originally appointed arbitrator recused himself, citing his empanelment with the Union of India. The court noted the recusal and, upon the petitioners' request, appointed Advocate Amrut Joshi as the substitute arbitrator. The court clarified that the new arbitrator would continue the arbitration from the point where the previous tribunal left off. No substantive merits of the underlying dispute were addressed. The interim applications concerning the substitution were consequently disposed of.
Issues considered
- Whether the court may appoint a substitute arbitrator upon the recusal of the originally appointed arbitrator
- Whether the recusal of an arbitrator on the ground of being empanelled for the Union of India necessitates substitution
Subjects
- commercial arbitration
- substitution of arbitrator
- recusal
- interim application
- arbitration proceedings
Judgment
1/2 45 CARBP-821-2026.DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
Digitally
signed by
SAIRAJ
SAIRAJ SANJAY
SANJAY KARANDE COMMERCIAL ARBITRATION PETITION NO. 821 OF 2026
KARANDE Date:
2026.09.19
14:21:04
+0530
Ms Bhanushali and Company … Petitioner
Vs.
Ms Container Corporation of India Ltd … Respondent
AND
COMMERCIAL ARBITRATION PETITION NO. 822 OF 2026
_______
Ms. Dishita Karnavat i/b EJ Law LLP for Petitioner.
Mr. T. J. Pandian, Ms. Aarti Gupta, Mr. Gautam Modanwal, Ms. Vaishali Barot,
Mr. Noorjahan Khan for Respondent.
_______
CORAM : ARIF S. DOCTOR, J.
DATE : 17th September, 2026.
P.C.
1. These Interim Applications are filed for the substitution of an Arbitrator.
2. It is pointed out that the learned Arbitrator who was appointed by this
Court vide an Order dated 8th January, 2026 has recused himself because he was
empanelled for the Union of India.
3. Learned counsel for the Petitioner had therefore, today called upon the
Court to appoint a substitute Arbitrator.
Sairaj
2/2 45 CARBP-821-2026.DOC
4. By consent of learned counsel for the Petitioner, Court appoints Advocate
Amrut Joshi as the Arbitrator.
5. The details of Mr. Amrut Joshi are as follows :
Name : Mr. Amrut Joshi
Contact No. : 9004200707
6. It is clarified that the learned Arbitrator now appointed shall continue
Arbitration proceedings from the stage at which they were in the previous
Arbitral Tribunal.
7. Interim Applications are accordingly, disposed of.
(ARIF S. DOCTOR, J.)
Sairaj
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