Radiannt Real Space Llp v. Nilam Bhagwandas Modi

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION COMMERCIAL ARBITRATION APPLICATION NO. 389 OF 2025 Radiannt Real Space LLP ...Applicant

Versus

Nilam Bhagwandas Modi & Ors

...Respondents

Mr. Ankur Shah, Counsel, a/w Gaurav Edekar, Divyang Salvi, i/b Mansukhlal Hiralal & Co., for the Applicant.

Appearance not received for Respondents.

CORAM

: SOMASEKHAR SUNDARESAN, J.

DATE : SEPTEMBER 9, 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 an agreement dated December 16, 2019 ("Agreement"). The arbitration agreement is contained in Clause 30 (found at Page 64 of the Application). In the interest of brevity, the arbitration agreement is not being extracted here. Suffice it to say that this matter falls within the jurisdiction of this Court. 2.

Learned Counsel for the Respondents have no quarrel with Digitally signed by ASHWINI JANARDAN VALLAKATI Date:

2025.09.12 13:24:17 +0530 proceeding to arbitration. Learned Counsel for the parties jointly submit ASHWINI JANARDAN VALLAKATI

that they would be agreeable to have all the disputes and differences between them in connection with the aforesaid agreement referred to resolution by an arbitral tribunal, leaving it open to the parties to seek such interlocutory relief as they may desire from the arbitral tribunal. 3.

The Section 9 Petition bearing Commercial Arbitration Petition (L) No.16758 of 2023 is restored to file and is converted into an Application under Section 17 for due consideration by the arbitral tribunal. The parties may refer their disputes before the arbitrator. The arbitrator is requested to convene within a week of being approached and issue directions. Reply to the Section 9 Petition may directly be filed before the arbitrator.

4.

In these circumstances, this Application/Petition is hereby finally disposed of, in terms of the following order: A) Mr. Gauraj Shah, a learned 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:- 410, Gundecha Chambers,

N. M. Road, Fort, Mumbai - 400 001.

Email ID:

gaurajs@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.

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.]