Kalpesh J Palan v. Meena Alia Harsha A Joshi

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION 908-COMMERCIAL ARBITRATION PETITION NO. 219 OF 2024 Digitally signed by SHRADDHA KAMLESH TALEKAR Date:

2025.11.29 18:27:53 +0530 AND 909-COMMERCIAL ARBITRATION PETITION NO. 220 OF 2024 SHRADDHA KAMLESH TALEKAR Kalpesh J. Palan & Ors.

...Petitioners

Versus

Meena alias Harsha A. Joshi & Ors.

...Respondents

Mr. Aditya Udeshi a/w. Rahul Sanghvi and Ajinkya Kadam i/b M/s. Sanjay Udeshi & Co., for Petitioners.

None for Respondents.

CORAM

: SOMASEKHAR SUNDARESAN, J.

Date : November 28, 2025 ORDER :

1.

By an order dated September 23, 2025, a substitute arbitrator had been appointed, who also has expressed his inability to take up the matter. In these circumstances, substitute arbitrator is appointed in the following terms :

A] Presolv360, an independent online dispute resolution institution is directed to appoint a sole arbitrator to adjudicate upon the disputes and differences between the parties arising out of and in connection with the Agreement referred in the

respective Petitions and administer the same; B] The contact particulars of the Director, Presolv360 are set out below:- Email id : info@presolv360.com Contact No. - +91-9820167337 Address: 1st Floor, Esperanca Building, Shahid Bhagat Singh Road, Colaba, Mumbai - 400 001.

Website: www.presolv360.com C] A copy of this Order will be communicated to Presolv360 by the Advocates for the Petitioners within a period of one week from the upload of this order on the website of this Court. The Petitioners shall provide the contact and communication particulars of the parties to Presolv360 along with a copy of this Order; D] It is clarified that Presolv360 being an ODR institution, all proceedings will be conducted online through electronic mode, unless otherwise agreed between the appointed Arbitrator and the parties, with appropriate notification to the administration of Presolv360.

E] The administration of Presolv360 is requested to appoint an independent arbitrator in compliance with the Act and its own rules consistent with the Act as soon as possible and in any event within a period of two weeks from receipt of a copy of this Order; F] The parties shall provide a valid and functional email address along with mobile and landline numbers of the respective Advocates of the parties to the administration of Presolv360 and any other particulars as reasonably requested by the administration . Communications to such email addresses shall constitute valid service of correspondence in connection with the arbitration; G] All arbitral costs and fees of the arbitration shall be borne by the parties equally in the first instance, and shall be subject to any final Award that may be passed by the Tribunal in relation to costs; and H] The seat of the arbitration shall be deemed to be the same as the seat discernible from the Agreement while the arbitration shall primarily be conducted online.

2.

Needless to say, nothing contained in this order is an expression of an opinion on merits of the matter or the relative strength

of the parties. All issues on merits are expressly kept open to be agitated before the Arbitral Tribunal appointed hereby. 3.

In view of the disposal of the proceedings, attendant Interim Applications, if any, also stand disposed of. 4.

All actions required to be taken pursuant to this order, shall be taken upon receipt of a downloaded copy as available on this Court's website.

[ SOMASEKHAR SUNDARESAN, J.]