Ltimindtre Limited v. Eros International Media Ltd

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMMERCIAL ARBITRATION PETITION NO. 285 of 2024 Ltimindre Limited ..

Petitioner

Versus

Eros International Media Limited ..

Respondent ...

Mr. Shantan Mandhyan i/b Krishnamurthy & Co. for the petitioner.

Mr. Ashwin Bhadang with Krunal Mehta and Ms.Karen Koya i/b King Stubb and Kasiva for the respondent.

CORAM : BHARATI DANGRE, J DATED : 13th NOVEMBER, 2025 P.C:- My attention is invited to the order dated 24/6/2025.

Though no application has been filed under Section 11 seeking the appointment of an arbitrator, since arbitration has been invoked by the petitioner and there is no dispute regarding the existence of the arbitration clause or the reference of the dispute to a Sole Arbitrator, and as the respective counsel agree that the dispute be referred to arbitration, no consensus could, however, be arrived at regarding the name of the Arbitrator.

In the wake of the aforesaid, since the Master Service Agreement dated 30/6/2019 comprise of an arbitration

2/3 901.doc clause, which clearly indicate that if any dispute arise between the parties out of the said agreement, or in connection with the said agreement, shall be referred to a Sole Arbitrator. I deem it appropriate to pass the following order in the wake of a specific clause in the agreement for referring the dispute arising between the parties to the sole Arbitrator. A] Mr.Bhavik Lalan, an Advocate of this Court is hereby appointed as the Sole Arbitrator to adjudicate upon the disputes and difference between the parties arising out of an in connection with the Agreement referred to above. The contact details of the arbitrator are as under :- Office Address :- Bhavik Lalan, Advocate Chambers of Dr.Sanjay Jain.

502-503, Oval House, British Hotel Lane, Fort, Mumbai.

Contact No.

9769013994 Email ID :

bhavik@bhaviklalan.in 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. The Petitioner shall prove 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;

3/3 901.doc 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. The proceedings filed under Section 9 in form of Arbitration Petition is permitted to be converted under Section 17, with an additional pleadings permitted to be filed, at the discretion of the sole Arbitrator.

All issues on merits are expressly kept open to be agitated before the Arbitral Tribunal appointed hereby. Arbitration Petition stand disposed of.

(BHARATI DANGRE, J.)