Hitendra D Barai v. Compak

2026:BHC-OS:10829 Megha 3_arbap_29_2026

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION APPLICATION NO.29 OF 2026 Hitendra D. Barai ...Applicant V/s.

M/s. Compak & Anr.

...Respondents

________________ Mr. Bharat M. Mirchandani with Mr. Talib R. Kalandan i/b. Mr. Manoj M. Mirchandani for the Applicant.

________________ CORAM: SANDEEP V. MARNE, J.

DATED: 24 APRIL 2026.

P.C.:

1) This is an Application filed under Section 11 of the Arbitration and Conciliation Act, 1996 (the Arbitration Act) for appointment of an Arbitrator for adjudication of disputes and differences between the parties arising out of Partnership Deed dated 27 November 2007. 2) I have heard Mr. Mirchandani, the learned counsel appearing for the Applicant.

3) By order dated 12 February 2026 this Court issued notices to the Respondents. Office report indicates that notices have been duly served. However, none appears on behalf of the Respondents. 1 of

Megha 3_arbap_29_2026 4) Perusal of the Partnership Deed would indicate presence of arbitration clause. Partnership Deed is executed in Mumbai. The Respondents are also located at Mumbai. In that view of the matter, seat of the Arbitration is at Mumbai. This Court is thus satisfied about the existence of arbitration agreement between the parties. 5) Accordingly, I proceed to pass the following order:- (A) Ms. Arti Raghavan, an Advocate practising in this Court is appointed as sole Arbitrator to adjudicate upon the disputes and differences between the parties arising out of Partnership Deed dated 27 November 2007. The contact details of the Arbitrator are as under:- Office Address:- 401, Embassy Centre, Jamnalal Bajaj Marg, Nariman Point, Mumbai- 400 021.

Email id:- raghavan.arti1@gmail.com Mobile No.:- 9004431865 (B) A copy of this order be communicated to the learned sole Arbitrator by the Advocates for the Applicant within a period of one week from the date of uploading of this order. The Applicant shall provide the contact and communication particulars of the parties to the Arbitral Tribunal alongwith a copy of this order. (C) The learned sole Arbitrator is requested to forward the statutory Statement of Disclosure under Section 11(8) read with Section 12(1) of the Act to the parties within a period of 2 weeks from receipt of a copy of this order.

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Megha 3_arbap_29_2026 (D) The parties shall appear before the learned sole Arbitrator on such date and at such place as indicated by her, 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 fees of the sole Arbitrator shall be as 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.

6) All issues on merits are expressly kept open to be agitated before the Arbitral Tribunal appointed as above.

7) With the above directions, the Application is disposed of. [SANDEEP V. MARNE, J.] Signed by: Megha S. Parab Designation: PA To Honourable Judge Date: 28/04/2026 12:02:34 3 of