Nikkou Logistics Limited v. Grab A Grub Services Private Limited

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMMERCIAL ARBITRATION APPLICATION NO.322 OF 2025 Nikkou Logistics Limited ....Applicant

Versus

Grab a Grub Services Private Limited ....Respondent Ms Rashi Jain a/w. Vidit Divya Kumat, Advocates for Applicant. Mr. Laukik Deshmukh a/w. Akshay Zantye & Rajeev Singh i/b. Lawfort Advocates, Advocates for Respondent.

CORAM: SOMASEKHAR SUNDARESAN, J.

DATE : OCTOBER 09, 2025 ORDER :

1.

By consent of the parties, taken out of turn. 2.

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 an agreement dated November 28, 2022 ("Agreement"). The arbitration agreement is contained in Clause 18 (found at Page 43 of the Application). In the interest of brevity, the arbitration agreement is not being extracted Digitally signed by AARTI GAJANAN PALKAR Date:

2025.10.18 15:20:05 +0530 AARTI GAJANAN PALKAR

here. Suffice it to say that this matter falls within the jurisdiction of this Court.

3.

Today when the matter is called out, Learned Counsel for the parties have consensus to proceed to the arbitration without the need to adjudicate the Section 11 application.

4.

In these circumstances, this Application is hereby finally disposed of, in terms of the following order: A] Mr. Jehaan Mehta, 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; 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.

5.

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. 6.

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.]