Rohan Firoz Virani v. Sahakar Ventures

4-CARAP-195-21024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION COMMERCIAL ARBITRATION APPLICATION NO. 195 OF 2024 Rohan Firoz Virani ...Applicant

Versus

Sahakar Ventures

...Respondent

Mr. Ameya Pant, a/w Ashish Mishra, i/b DMD Advocates, for the Applicant.

Mr. Rajiv Narula, a/w Anooj Navula, Tarang Jagtiani, i/b Jhangiani Navula & Associates, for Respondent.

CORAM

: SOMASEKHAR SUNDARESAN, J.

DATE : FEBRUARY 6, 2025 PC :

1.

By an order dated December 2, 2024, a Learned Single Judge of this Court was pleased to appoint a Learned Sole Arbitrator, but kept the order in provisional form because the Respondent was not present on that date.

2.

Today, when the matter is called out, Learned Counsel for the Respondent appears and submits that he has issues to raise about the agreement - primarily that the agreement had been obtained by fraud. Digitally signed by ASHWINI JANARDAN VALLAKATI Date:

2025.02.07 17:53:39 +0530 This is entirely in the domain of the arbitral tribunal, and the ASHWINI JANARDAN VALLAKATI February 6, 2025 Ashwini Vallakati

4-CARAP-195-21024.doc Respondent would have to raise such issues before the Arbitral Tribunal.

3.

Accordingly, the provisional order passed on December 2, 2024, is hereby confirmed and made final. The parties shall appear before the Learned Sole Arbitrator no later than February 12, 2025 to seek a date and time convenient to him and take instructions as to how to proceed further.

4.

This Application is finally disposed of in the aforesaid terms. 5.

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.] February 6, 2025 Ashwini Vallakati