Ms Tsr Films Pvt Ltd v. Ms New Pride Multiplex

2026:BHC-OS:2169 Megha 44_arbp_617_2025.docx

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO.617 OF 2025 WITH ARBITRATION APPLICATION NO.458 OF 2025 TSR Films Pvt. Ltd.

...Petitioner

V/s.

New Pride Multiplex

...Respondent

______________ Mr. Abhineet Pange with Mr. Sumit Agrawal i/b. M/s. Regstreet Law Advisors for the Petitioner.

Mr. Sameer Pandit with Ms. Krina Gandhi & Mr. Arshan Engineer i/b. M/s. Wadia Ghandy and Co. for the Respondent. ______________ CORAM: SANDEEP V. MARNE, J.

DATED: 22 JANUARY 2026.

P.C.:

1) Arbitration Application No.458 fo 2025 is not on board. At the request of the learned counsel appearing for the Applicant, the same is taken on board for analogous hearing with the Petition. 2) The Application and the Petition are filed under Section 9 and 11 of the Arbitration and Conciliation Act, 1996 for interim measures and for constitution of Arbitral Tribunal, respectively for adjudication of disputes and differences between the parties arising out of Agreement dated 23 August 2020.

1 of

Megha 44_arbp_617_2025.docx 3) As hearing of the proceedings progressed, both the learned counsel appearing for the rival parties fairly admit that there is an agreement to arbitrate between the parties. In that view of the matter, it would be necessary to constitute an Arbitral Tribunal. At this stage, the learned counsel appearing for the Applicant/Petitioner submits that the Applicant/Petitioner is willing to file application under Section 17 of the Arbitration Act before the Arbitral Tribunal for interim measures. He prays for leave to convert Arbitration Petition No.617 of 2025 filed under Section 9 of the Arbitration Act into an Application under Section 17.

4) Accordingly, with consent of the parties, following order is passed:- (A) Ms. Aditi Naikare, an Advocate of this Court is appointed as sole Arbitrator to adjudicate upon the disputes and differences between the parties arising out of Agreement dated 23 August 2020. The contact details of the Arbitrator are as under : Office Address :- Office No.31, 3rd Floor, Prospect Chamber Annex, 6 Pitha Street, Fort, Mumbai.

Mobile No. :- 7709791264 Email id :- aditiinaikare@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 Applicant shall provide the contact and communication particulars of the parties to the Arbitral Tribunal alongwith a copy of this order. 2 of

Megha 44_arbp_617_2025.docx (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 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 her, 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.

5) Leave is granted to the Applicant to convert Arbitration Petition No.617 of 2025 into Application under Section 17 of the Arbitration Act before the Arbitral Tribunal, which shall be decided by the learned Arbitrator on its own merits.

6) All issues on merits are expressly kept open to be agitated before the Arbitral Tribunal appointed as above. 7) With the above directions, the Application and the Petition are disposed of.

[SANDEEP V. MARNE, J.] Signed by: Megha S. Parab Designation: PA To Honourable Judge Date: 27/01/2026 11:14:08 3 of