Anup Shyam Karnani v. Shammi Kanhiyalal Mamtani And Others

19-mca-746-25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Misc. Civil Application No. 746 of 2025 Anup Shyam Karnani

Versus

Shammi Kanhiyalal Mamtani and others Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri Sunil Manohar, Senior Advocate assisted by Shri Atharva Manohar, Advocate for the applicant.

CORAM : NIVEDITA P. MEHTA, J.

DATED : 10th OCTOBER, 2025.

Heard learned Senior Advocate for the applicant.

2.

The present application is filed under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment of an Arbitrator in terms of Clause 21 of the LLP Agreement dated 28th April, 2011. 3.

It is submitted that the applicant had issued a notice invoking arbitration, which was duly replied to by the non-applicants on 12th April, 2025.

SKNair

19-mca-746-25.odt 4.

Learned Senior Counsel for the applicant submits that an earlier application under Section 11 was filed before the Principal Seat at Mumbai. However, in that proceeding, the non-applicants had raised an objection stating that the most appropriate and convenient forum would be at Nagpur. In view of the same, the applicant now seeks appointment of an Arbitrator through the present application before this Court at Nagpur.

5.

Issue notice to the non-applicants, returnable on 7th November, 2025.

6.

The applicant is permitted to serve the nonapplicants through all available modes, in addition to the Court notice.

[NIVEDITA P. MEHTA, J.] Signed by: Mr. S.K. NAIR Designation: PS To Honourable Judge Date: 10/10/2025 18:24:02 SKNair