Farid Ajaz Khan v. Ajaykumar Harshadray Vasu

2026:BHC-OS:5612 Megha 8_arbp_554_2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO.554 OF 2025 Farid Ajaz Khan

...Petitioner

V/s.

1. Ajaykumar Harshadray Vasu and Anr.

...Respondents

________________ Mr. Sheelang Shah with Mr. Nirmal Chopda i/b. M/s. Vraj Legal for the Petitioner.

Mr. Bhavin Gada with Ms. Chitrangada Singh i/b. M/s. Clove Legal for Respondent No.1 ________________ CORAM: SANDEEP V. MARNE, J.

DATED: 27 FEBRUARY 2026.

P.C.:

1) This is a Petition under Section 9 of the Arbitration and Conciliation Act, 1996 (the Arbitration Act) seeking interim measures before commencement of the arbitral proceedings. 2) By order dated 27 January 2026 this Court had appointed a Mediator for attempting mediation between the parties. The learned Mediator submitted report dated 26 February 2026, which shows that the mediation has failed.

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Megha 8_arbp_554_2025 3) Mr. Gada, the learned counsel appearing for Respondent No.1 fairly does not dispute existence of arbitration agreement between the parties.

4) Mr. Shah, the learned counsel appearing for the Petitioner submits that if Arbitral Tribunal is constituted, Petitioner is willing to seek interim measures before the Arbitral Tribunal under Section 17 of the Arbitration Act.

5) Accordingly, with consent of the parties, following order is passed:- (A) Mr. Nirman Sharma, an Advocate of this Court is appointed as sole Arbitrator to adjudicate upon the disputes and differences between the parties arising out of concerned Agreement. The contact details of the Arbitrator are as under : Office Address:- Ground Floor, 9 Commerce House, Kala Ghoda, Mumbai 400 012 Mobile No.:- 9819932498 Email ID:- nirman.sharma@gmail.com (B) A copy of this order be communicated to the learned sole Arbitrator by the Advocates for the Petitioner within a period of one week from the date of uploading of this order. The Petitioner shall provide the contact and communication particulars of the parties to the Arbitral Tribunal alongwith 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 2 of

Megha 8_arbp_554_2025 Section 12(1) of the Act to the parties within a period of 2 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 by him, to obtain appropriate direction with regard to conduct of the arbitration including fixing a schedule for pleadings, examination of witnesses, if any, schedule of hearings etc.

(E) The fees of the sole Arbitrator shall be as prescribed under the Bombay High Court (Fee Payable to Arbitrators) Rules, 2018 and the arbitral costs and fees of the Arbitrator shall be borne by the parties in equal portion and shall be subject to the final Award that may be passed by the Tribunal.

6) Parties would be at liberty to seek interim measures before the Arbitral Tribunal under Section 17 of the Arbitration Act and such Application (s) shall be decided by the Arbitral Tribunal on its own merits.

7) All rights and contentions of the parties on merits are expressly kept open to be agitated before the Arbitral Tribunal. 8) With the above directions, Petition is disposed of. [SANDEEP V. MARNE, J.] Signed by: Megha S. Parab Designation: PA To Honourable Judge Date: 05/03/2026 11:01:30 3 of