Bombay High Court
Sai Estate Consultants Chembur Pvt LtdversusSanjiv Manmohan Gupta
- Decided
- Disposal
- DISPOSED OFF
Holding
The Court set aside the impugned order, appointed Mr. Swanand Ganoo as sole arbitrator, and disposed of the interim application.
Summary
The High Court heard an interim application in a commercial arbitration petition where both parties agreed that there was no grievance against the previous arbitrator and only legal pleas were raised. The Court set aside the impugned order and, finding no opposition, appointed Mr. Swanand Ganoo, Advocate, as the sole arbitrator to decide the disputes. Detailed terms of appointment were stipulated, including communication, disclosure under the Arbitration Act, and the parties' right to raise jurisdictional questions under Section 16. The Court also allowed the parties to make interim applications under Section 17 and directed the arbitrator to dispose of them promptly. Costs and fees were to be shared equally, and the venue and seat of arbitration were fixed at Mumbai. The arbitration proceedings were ordered to recommence from the stage they stood before the previous arbitrator, and the interim application was disposed of.
Issues considered
- Whether the order appointing a new arbitrator can be set aside in the absence of any grievance against the previous arbitrator.
- Whether the parties may raise jurisdictional challenges under Section 16 of the Arbitration and Conciliation Act, 1996.
- Whether the interim application filed by the parties survives after the appointment of a sole arbitrator.
Legislation cited
- Arbitration and Conciliation Act, 1996 — s. 11(8), 12(1), 16, 17
Subjects
- arbitration
- sole arbitrator appointment
- Section 16 jurisdiction
- Section 17 interim application
- commercial arbitration
- cost sharing
- venue and seat
- disposal of interim application
Judgment
903.4911.26-IA.DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION NO. 4911 OF 2026
IN
COMMERCIAL ARBITRATION PETITION NO. 974 OF 2026
Sai Estate Consultants Chembur Pvt. Ltd. … Applicant
Digitally
signed by
BASAVRAJ
BASAVRAJ GURAPPA
GURAPPA PATIL
PATIL Date: In the matter between:
2026.10.05
19:12:39
+0530
Sai Estate Consultants Chembur Pvt. Ltd. … Petitioner
Versus
Sanjiv Manmohan Gupta ...Respondent
__
Mr. Dinyar Madon, Senior Advocate with Mr. Suraj Iyer, Mr.
Mihir Nerurkar, Ms. Gauri Joshi and Mr. Yohan Mehta i/b.
Ganesh & Co. for the Petitioner
Mr. Naushad Engineer, Senior Advocate with Mr. Sudarshan
Satalkar, Mr. Hemanshu Vyas, Mr. Dhiraj Shetye & Ms. Hetal
Patel i/b. Hetal Patel for the Respondent
CORAM : ARIF S. DOCTOR, J.
DATE : 1st OCTOBER 2026
P.C.
1. After the matter was heard at some length, learned Counsel for
the parties were agreeable that the impugned order could be set
aside. It is expressly clarified that neither party has any allegation or
grievance to make against the previous Arbitrator. Mr. Madon submits
Basavraj Page|
903.4911.26-IA.DOC
that even in the Petition, no allegation or grievance has been raised
against the previous Arbitrator, and only legal pleas have been raised.
2. In view of the fact that there is no opposition to the
appointment of the Sole Arbitrator, I appoint Mr. Swanand Ganoo,
Advocate, to act as the Sole Arbitrator to decide the disputes and
differences between the parties on the following Terms and
Conditions.
TERMS OF APPOINTMENT
(a) Appointment of Arbitrator:- Mr. Swanand Ganoo,
Advocate is hereby nominated to act as a Sole Arbitrator to
decide the disputes and differences between the parties.
(b) Communication to Arbitrator of this order:-
(i) A copy of this order will be communicated to the
learned Sole Arbitrator by the Advocates for the Petitioner
within one week from the date this order is uploaded.
(ii) The Advocates for the Petitioner will forward an
ordinary copy of this order to the learned Sole Arbitrator
at the following postal and email addresses.
Mr. Swanand Ganoo, Advocate
19, 1st Floor, Rohit Chambers,
Janmabhoomi Marg,
Fort, Mumbai – 400001,
(Mob. No. 9869765529; Email: [email protected])
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903.4911.26-IA.DOC
(c) Disclosure:- The learned Sole Arbitrator is requested to
forward, in hard copy or soft copy (or both), the necessary
statement of disclosure under Section 11(8) read with Section
12(1) of the Arbitration Act to Advocates for the parties as soon
as possible. The Advocates for the Petitioner will arrange to file
the original statement in the Registry. If the statement is
forwarded in soft copy, a print out of the covering email is also
to be filed in the registry.
(d) Appearance before the Arbitrator:- Parties will appear
before the learned Sole Arbitrator on such date and at such
place as the learned Sole Arbitrator nominates to obtain
appropriate directions in regard to fixing a schedule for
completing pleadings, etc.
(e) Contact/communication information of the parties:-
Contact and communication particulars are to be provided by
both sides to the learned Sole Arbitrator. The information is to
include functional email addresses and mobile numbers.
(f) Section 16 application:- The respondent is at liberty to
raise all questions of jurisdiction within the meaning of section
16 of the Arbitration Act. All contentions are left open.
(g) Interim Applications:-
(i) Liberty to the parties to make an interim application
or interim applications including (but not limited to)
interim applications under Section 17 of the Arbitration &
Conciliation Act. 1996 before the learned Sole Arbitrator.
Any such application will be decided in such manner and
within such time as the learned Sole Arbitrator deems fit.
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903.4911.26-IA.DOC
(ii) The learned Sole Arbitrator is requested to dispose
of all interim applications at the earliest.
(h) Sharing of costs and fees:- Parties agree that all
arbitral costs and the fees of the arbitrator will be borne by the
two sides in equal shares in the first instance.
(i) Consent to an extension if thought necessary:-
Parties immediately consent to a further extension of up to six
months to complete the arbitration should the learned Sole
Arbitrator find it necessary.
(j) Venue and seat of arbitration:- Parties agree that the
venue and seat of the arbitration will be in Mumbai.
3. The arbitration proceedings shall recommence from the stage at
which they stood before the previous Arbitrator.
4. The learned Arbitrator is requested to endeavour to dispose of
the said Application within a period of two months from the date on
which he takes charge of the proceedings.
5. The Court Registry shall hand back to the Petitioner the invoices
which were taken on record and kept in a sealed envelope pursuant to
the order dated 16th September, 2026.
6. Needless to state, all rights and contentions of the parties are
expressly kept open.
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7. The Arbitration Petition is disposed of in the above terms. In
view thereof, the Interim Application does not survive and is also
disposed of.
[ARIF S. DOCTOR, J.]
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