Vishwajeet Rajendra Kalbhor v. Subhash Narsaiyya Kunden

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION ARBITRATION PETITION NO. 159 OF 2025 Vishwajeet Rajendra Kalbhor

...Petitioner

Versus

Subhash Narsaiyya Kunden & Ors

...Respondents

Mr. Hemant Ghadigaonkar, a/w Om Gandhi for the Petitioner. Mr. P.C. Mohite, for Respondent Nos.1 to 3.

Mr. P.B. Gujar, a/w Paras Pawar for Respondent Nos.4 to 6.

CORAM

: SOMASEKHAR SUNDARESAN, J.

DATE : March 24, 2026 ORDER :

1.

This Petition has been filed under Section 11 of the Arbitration and Conciliation Act, 1996 ("the Act"), seeking appointment of an arbitrator in connection with disputes and differences that are said to have arisen between the parties under an agreement dated February 20, 2024 ("Agreement"). The arbitration agreement is contained in Clause 2 (found at Page 37 of the Petition). In the interest of brevity, the arbitration agreement is not being extracted here. Suffice it to say that this matter falls within the jurisdiction of this Court. Digitally signed by ASHWINI JANARDAN VALLAKATI Date:

2026.03.27 16:33:09 +0530 ASHWINI JANARDAN VALLAKATI

2. The matter has been stood over from time to time with a prospect of settlement between the parties being pursued. It is the submission of the Learned Advocate for Respondent Nos.4 to 6 that the payment of approximately 60% of the disputed amounts involved has already been made and more time may be needed to resolve the disputes without the need to arbitrate.

3.

Be that as it may, considering that the existence of the arbitration agreement between the Petitioner and the other Respondents is not denied and the fact that Respondent Nos.4 to 6 are being pursued as veritable parties, who are also clearly indicating that they desire to resolve the dispute, no useful purpose would be served in keeping this matter pending any further.

4.

The Petition is disposed of appointing the Learned Arbitral Tribunal in the following terms:- A) Mr. Chandrashekhar V. Wakankar, an 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:- Chandani, 145-B, Parvatigaon, Opposite Parvati Hill Steps, Pune- 411 009 Email ID:

cvwakankar@yahoo.co.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 of upload of this order. The Petitioner 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.

5.

All issues on merits are left open for consideration by the Learned Arbitral Tribunal. Considering the earnest request on behalf of Respondent Nos.4 to 6 about resolution without arbitration being feasible, the effect of this order will be deferred by a further period of four weeks from the date of upload of this order on the website of this Court, to enable the parties to resolve the dispute. Should any dispute remain unresolved, the Learned Arbitral Tribunal shall enter upon reference and take over the proceedings from that stage.

6.

The Petition is finally disposed of in the aforesaid terms. 7.

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. 8.

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.]