Infinite Computer Solutions India Limited v. Tech Mahindra Limited

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION ARBITRATION PETITION NO.207 OF 2025 Infinite Computer Solutions (India) Limited ....Petitioner

Versus

Tech Mahindra Limited ....Respondent Mr. Saumitra Singhal, Advocate for Petitioner. Mr. Tushar Ajinkya a/w. Ms Nisha Natiani & Mr. Yogesh Mourya i/b. Think Law Advocates, for Respondent. CORAM: SOMASEKHAR SUNDARESAN, J.

DATE : NOVEMBER 21, 2025 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 a Master Subcontract Agreement dated January 3, 2024 and a Revised Statement of Work dated October 10, 2024 ("Agreements"). The arbitration agreement is contained in Clause 2.21 (found at Page 46 & 72 of the Petition) of the Agreements. In the interest of brevity, the arbitration agreement is not being extracted here. Suffice it to say that this matter falls within the Digitally signed by AARTI GAJANAN PALKAR Date:

2025.11.24 16:35:50 +0530 AARTI GAJANAN PALKAR jurisdiction of this Court.

2.

The existence of the arbitration agreement is not in doubt. The only objection appears to be that a fair period of time for conciliation must be given. Therefore, no useful purpose would be served in keeping this Petition pending any further. The Arbitral Tribunal is hereby appointed by deferring the effect of this order by a period four weeks from the upload of this order to enable the parties to attend the conciliation without having to commence arbitration. 3.

In these circumstances, this Petition is hereby finally disposed of, in terms of the following order : - A] Mr. Kedar Dhongade, 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 : - C/o P narayan and associates 67/2, Uberoi House, Karve road, Nal Stop, Karve Road, Pune Near Yezdi showroom.

Email ID : - advdhongde@gmail.com 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.

4.

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.

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.]