Dinurje Jewellery Pvt Ltd v. Ruchira Export Private Limited

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION COMMERCIAL ARBITRATION PETITION (L) NO. 33946 OF 2024 Dinurje Jewellery Pvt Ltd

...Petitioner

Versus

Ruchira Export Pvt Ltd & Ors

...Respondents

WITH COMMERCIAL ARBITRATION APPLICATION NO. 187 OF 2025 WITH COMMERCIAL ARBITRATION PETITION (L) NO. 27581 OF 2024 Mr. Rakesh Kumar Singh, a/w Ankita Pandey, for the Petitioner. Appearance not received for Respondents.

CORAM

: SOMASEKHAR SUNDARESAN, J.

DATE : JUNE 20, 2025 ORDER :

1.

Commercial Arbitration Petition (L) No.33946 of 2024 has been filed under Section 9 of the Arbitration and Conciliation Act, 1996 ("the Act").

2.

Learned Counsel for the Respondents has entered appearance and accepts notice. Learned Counsel for both sides are willing to proceed to arbitration, since there are cross Petitions under ASHWINI JANARDAN VALLAKATI ASHWINI JANARDAN VALLAKATI Date: 2025.06.27 12:40:21 +0530

Section 9. An application under Section 11 of the Act filed by the Petitioner is also listed today. By consent, the following two proceedings which are not on board today are also being taken up: (I) Commercial Arbitration Application No.187 of 2025; and (II) Commercial Arbitration Petition (L) No.27581 of 2024 3.

Taking on board the consent to proceed to arbitration recorded by the Learned Counsel for both sides on instructions, all the captioned proceedings are finally disposed of by referring the parties to arbitration.

4.

The Section 9 Petition shall stand converted into an Application under Section 17 for consideration by the Learned arbitral tribunal appointed hereby.

5.

In these circumstances, these proceedings are hereby finally disposed of, in terms of the following order: A) Mr. Manavendra Kane, a learned advocate of this Court is hereby appointed as the Sole Arbitrator to adjudicate upon the disputes and differences between

the parties arising out of and in connection with the Agreement referred to above;

Office Address:

6th Floor, Merchant Chambers, Sir Vithaldas Thackersey Marg, Opposite SNDT College, Churchgate 400 020 Email ID: manvendra.kane@wskaneandco.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 of upload of this order. The Applicant shall provide the contact and communication particulars of the parties to the Arbitral Tribunal along with 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 two weeks from receipt of a copy of this Order;

D) The parties shall appear before the Learned Sole Arbitrator on such date and at such place as indicated, to obtain appropriate directions with regard to conduct of the arbitration including fixing a schedule for pleadings, examination of witnesses, if any, schedule of hearings etc. At such meeting, 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 Arbitral Tribunal. Communications to such email addresses shall constitute valid service of correspondence in connection with the arbitration;

E) All arbitral costs and fees of the Arbitral Tribunal 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.

6.

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. 7.

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.]