Riya Travels And Tours India Pvt Ltd v. Indiana Engineering Workes Bombay Pvt Ltd v. Indiana Engineering Workes Bombay Pvt Ltd

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION APPLICATION NO.88 OF 2025 Riya Travels And Tours (India) Pvt. Ltd.

....Applicant

Versus

Indiana Engineering Works (Bombay) Pvt. Ltd.

...Respondent

Ms. Shraddha Achliya a/w. Kajal Gupta & Shweta Singh i/b. M.V. Kini & Co., Advocates for Applicant.

Mr. Rohan Kelkar a/w. Darshit Dave, Advocates for Respondent.

CORAM: SOMASEKHAR SUNDARESAN, J.

DATE : SEPTEMBER 11, 2025 ORDER :

1.

This Application 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 Leave and License Agreement and a Commercial House Service Agreement, both dated July 2, 2018 ("Agreements"). The arbitration agreements are contained in Clause 22 and 33 (Found at Page Nos.49 & 60 of the Application) of the Agreements. In the interest of brevity, the arbitration agreement is Digitally signed by AARTI GAJANAN PALKAR Date:

2025.09.15 16:27:36 +0530 AARTI GAJANAN PALKAR

not being extracted here. Suffice it to say that this matter falls within the jurisdiction of this Court.

2.

Learned Counsel for the parties have consensus on proceeding to arbitration in respect of recovery of the security deposit under the Agreements. Towards this end, the parties have agreed that the reference to arbitration would be restricted to the dispute in relation to recovery of the security deposit under the agreement. The parties also record the acknowledgment that the Sole Arbitrator's appointment is made without prejudice to their rights and contentions, including those in, or in relation to L.C. Suit No.2 of 2025, now pending in the Court of Small Causes at Bandra.

3.

In these circumstances, this Application is hereby finally disposed of, in terms of the following order: A] Mr. Monil Punjabi, 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:- Address - C/o Vishal Kanade, 103, Gundecha Chambers, Fort, Mumbai -400 023.

Email ID:

monilpunjabi@gmail.com B] A copy of this Order will be communicated to the Learned Sole Arbitrator by the Advocates for the Applicant

within a period of one week from the date of upload of this order. The Applicant 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.]