Deepak Ramchandra Pandit v. Atul Gajanan Karve

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMMERCIAL ARBITRATION APPLICATION NO. 47 OF 2026 Deepak Ramchandra Pandit ..... APPLICANT : VERSUS :

Atul Gajanan Karve .... RESPONDENT Mr. Sachin Mandlik with Mr. Tanay Musale i/b. Mandlik & Partners, for the Applicant.

Ms. Uma Kshirsagar Wagle, for the Respondent. CORAM : SANDEEP V. MARNE, J.

DATED : 30 MARCH, 2026.

P.C. :

1) This is an application filed under Section 11 of the Arbitration and Conciliation Act, 1996 (Arbitration Act) for adjudication of disputes and differences arising out of Partnership Deed dated 13 April 2019. 2) I have heard Mr. Mandlik, the learned counsel appearing for the Applicant and Ms .Wagle, learned counsel appearing for the Respondent. 3) Ms. Wagle, does not dispute existence of arbitration agreement. She however requests for appointment of sole arbitrator having background of Accounts preferably a Chartered Accountant. 1 OF

4) This Court has proposed the name of Advocate Mr. Rahul Sarda who is also a Chartered Accountant. The suggested name is agreeable to both the learned counsels.

5) Accordingly, with the consent of the parties, I proceed to pass the following order :

(A) Mr. Rahul Sarda, an Advocate of this Court is appointed as Sole Arbitrator to adjudicate upon the disputes and differences between the parties arising out Partnership Deed. (B) A copy of this order be communicated to the learned sole Arbitrator by the Advocate for the Applicant 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. (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 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 2 OF

parties in equal portion and shall be subject to the final Award that may be passed by the Tribunal.

6) All rights and contentions of the parties are expressly kept open to be raised before the Arbitral Tribunal.

7) With the above directions, the Commercial Arbitration Application is disposed of.

Digitally signed by NEETA SHAILESH SAWANT Date:

2026.04.01 16:11:37 +0530 NEETA SHAILESH SAWANT [SANDEEP V. MARNE, J.] 3 OF