Dhiraj Kumar Ailani v. Monarch Universal Lifescapes Pvt Ltd

1/3 21 ARBAP-286-25.odt Salgaonkar

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

MANDIRA MILIND SALGAONKAR MILIND SALGAONKAR Date: 2025.11.11 10:34:54 +0530 ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION APPLICATION NO.286 OF 2025 Dhiraj Kumar Ailani ..

Applicant

Versus

Monarch Universal Lifescapes Pvt.

Ltd. & Anr.

..

Respondents ...

Mr.Rajuram Kuleriya with Mr.Varad Dubey i/b Law Counsellors for the Applicant.

Mr.Dilip Shukla with Mr.Shreyash V. Chaturvedi for the Respondents.

CORAM: BHARATI DANGRE, J.

DATE : 7th NOVEMBER, 2025 ...

P.C:- 1.

Deed of Reconstitution dated 24th November, 2014 contains a specific clause for referring the dispute or differences arising amongst the partners to be referred to an Arbitrator jointly decided by the partners and that the provisions of the Arbitration and Conciliation Act, 1996 shall apply.

2.

In the wake of the disputes having been arisen between the partners and on invocation of arbitration, the application is filed under Section 11(2) to appoint an arbitrator for resolution of disputes.

2/3 21 ARBAP-286-25.odt Since the learned counsel for the Respondents does not dispute the existence of the arbitration clause and by consent, they have agreed the dispute being referred to the sole Arbitrator and express their consensus over the name of Shri.G.A.Sanap, the retired Judge of this Court, to be appointed as an Arbitrator, the following order is passed. A] Mr.G.A.Sanap, Retired Judge of this Court, is hereby appointed as the Sole Arbitrator to adjudicate upon the disputes and difference between the parties arising out of and in connection with the Agreement referred to above. The contact details of the arbitrator are as under :- Address :- Flat No.202, Surabhi Co-Operative Society, Oshiwara Society, K/West Ward Jogeshwari (W), Mumbai 400 102 Email ID :- govindsanap21@gmail.

com B] A copy of this Order will be communicated to the Learned Sole Arbitrator by the Advocates for the Petitioner within a period of one week from the date on which this order is uploaded on the website of this Court.

3/3 21 ARBAP-286-25.odt D] The parties shall appear before the Learned Sole Arbitrator on such date and at such place as indicated by him, to obtain appropriate direction with regard to conduct of the arbitration including fixing a schedule for pleadings, examination of witnesses, if any, schedule of hearings etc. E] The sole Arbitrator shall be entitled to the fees prescribed under the Bombay High Court (Fee Payable to Arbitrators) Rules, 2018 and the arbitral costs and fees of the Arbitrator shall be borne by the parties in equal portion and shall be subject to the final Award that may be passed by the Tribunal.

3.

All issues on merits are expressly kept open to be agitated before the Arbitral Tribunal appointed hereby. 4.

The Arbitration Application stands disposed of in the aforestated terms.

(BHARATI DANGRE, J.)