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Bombay High CourtAAR/21/2025disposed of

Quality Export Rep Thr Its Partner Antonio Luis Felix Rodrigues v. Siddhi Vinayak Agri Processing Pvt Ltd Rep Thr Its Director

2026-02-20Hon'Ble Shri Justice Valmiki Menezes5 pages

Sonam

IN THE HIGH COURT OF BOMBAY AT GOA

APPLICATION FOR APPOINTMENT OF ARBITRATOR NO. 21 OF 2025 Quality Export, A partnership firm, Having its address at Plot No. SB71, Cuncolim Industrial Estate, Cuncolim, Salcete, Goa 403703, Herein represented through its partner, Antonio Luis Felix Rodrigues, Son of Joao Rodrigues, Aged about 69 years, Married, businessman, Resident of 512 A, Pedda De Uttordoxi, Varca, Salcete, South Goa.

Goa, 403721. ... Applicant

Versus

Siddhi Vinayak Agri Processing Pvt. Ltd.

A Company Represented herein through its Director, Regd. Office address: Tower-F, Flat No. 2601, Panchshil Tower, Kharadi Road, Gat No. Haveli, Wagholi (CT), Maharashtra, Pune, 412207. ... Respondents

Mr. Kaif Noorani, Advocate for the Applicant. Mr. Samarth Shreedhar (through V.C.) with Mr. Varun Bhandankar, Advocates for the Respondent.

CORAM:- VALMIKI MENEZES, J.

DATED :- 20th FEBRUARY, 2026 P.C.:

1.

The above Application is filed under Section 11(4) of the Arbitration and Conciliation Act, 1996 (for short "the Arbitration Act") seeking the constitution of the Arbitral Tribunal to decide the disputes and differences arising out of the Contract dated 17.03.2025 whilst invoking Clause 10 of the Contract between the Applicant and the Respondents (hereinafter referred to as "the Agreement"). 2.

There is a valid arbitration clause between the parties as reflected in clause 10 of the Agreement, which therein provides for the dispute resolution mechanism in the event that any dispute arises, and under which the Applicant now seeks appointment of a Sole Arbitrator.

3.

The said Agreement makes a reference to claims, disputes and Arbitration. Clause 10 therein provides for the dispute resolution mechanism in the event that any dispute arises.

4.

The Applicant issued notice dated 07.10.2025 to the Respondent, invoking arbitration and for nominating an Arbitrator of their choice under Clause 10 of the Agreement, and sought reference of the dispute to an Arbitral Tribunal. 5.

Considering that the Arbitral Clause10 of the Agreement, specified disputes to be resolved by an Arbitrator, and there is a dispute between the parties as to who should be appointed as the arbitrator, I hereby exercise jurisdiction under Sub-section 6 of Section 11 of the Arbitration Act and proceed to make the appointment of an Arbitrator in the below mentioned terms and pass the following order:- (A) Mr. Justice U.V Bakre, Retired Judge of this Court, is appointed as the Sole Arbitrator to decide upon the disputes and differences between the Applicant and the Respondent arising out of and/or in connection with and/or in relation to the Agreement referred to in para 1 above.

(B) A copy of this order will be communicated to the learned Arbitrator by the Advocate for the Applicant within a period of one week from today.

(C) The learned Sole Arbitrator is requested to forward his Statement of Disclosure under Section 11 (8) read with

Section 12 (1) of the Arbitration Act to the Advocate for the Applicant so as to enable him to file the same in the Registry of this Court. The Registry of this Court shall retain the said Statement on the file of this Application and a copy of the same shall be furnished by the Advocates for the Applicant to the Advocates for the Respondent. (D) The parties shall appear before the learned Sole Arbitrator on such date and at such place as he nominates to obtain appropriate directions with regard to fixing a schedule for completing pleadings, etc. The learned Sole Arbitrator shall give all further directions with reference to the arbitration and also as to how it is to proceed. (E) Contact and communication particulars shall be provided by both sides to the learned Sole Arbitrator within a period of one week from today. This information shall include a valid and functional email address as well as the mobile numbers of the respective Advocates.

(F) The learned sole Arbitrator shall charge his fees as per the 4th Schedule of the Arbitration and Conciliation Act, 1996 read with the Bombay High Court (Fee payable to Arbitrators) Rules, 2018. All the arbitral costs and the fees of the Arbitrator will be borne by the Applicant and the Respondent equally and will be subject to the final

Award that may be passed by the Tribunal.

(G) The parties have agreed that the seat of the arbitration will be in Goa, and the venue shall be as per the directions of the arbitrator.

6.

The Application is disposed of in the aforesaid terms. There shall be no order as to costs.

7.

Secretary/Personal Assistant of this Court. All concerned will act VALMIKI MENEZES, J.

Signed by: MARIA SUZANA REBELLO Designation: Personal Assistant Date: 20/02/2026 18:20:57