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

21 AAR 21 2025 Sonam

IN THE HIGH COURT OF BOMBAY AT GOA

APPLN. FOR APPOINTMENT OF ARBITRATOR NO.21 OF 2025 QUALITY EXPORT REP THR ITS PARTNER ANTONIO LUIS FELIX RODRIGUES ... APPLICANT

Versus

SIDDHI VINAYAK AGRI PROCESSING PVT LTD REP THR ITS DIRECTOR ... RESPONDENT 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. This is an application under Section 11 of the Arbitration Act for the appointment of the Arbitrator. The application has been opposed on several grounds, including the ground that there is no arbitral dispute between the parties.

2. On going through the reply, I note that the same is signed by the Advocate, but there is no affidavit. Considering the objections, none of these objections would be considered for the purpose of deciding whether the Arbitrator is required to be appointed in the matter. All these objections could be agitated before the Arbitral Tribunal. 20th February, 2026

21 AAR 21 2025

3. Considering the Arbitration Clause (10), an Arbitral Tribunal would have to be appointed. Clause (10) requires the Arbitral Tribunal be constituted of two members. Both parties, on instructions, consent to the appointment of the sole Arbitrator and waive their right for appointment of another Arbitrator under the clause. They also consented to the appointment of Shri U. V. Bakre, retired Judge of this Court, as a sole Arbitrator to decide the dispute raised by them.

4. For the reasons to follow, the application is allowed and stands disposed of.

VALMIKI MENEZES, J.

20th February, 2026