Mafatlal Industries Limited v. Mark Enterprises

2026:BHC-OS:8732 Megha 27_carap_607_2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMMERCIAL ARBITRATION APPLICATION NO.607 OF 2025 Mafatlal Industries Limited ...Applicant V/s.

M/s. Mark Enterprises and Ors.

...Respondents

________________ Mr. Ranjeev Carvalho with Mr. Pranav Nair, Mr. Abhineet A. Sharma and Ms. Riya Gokalgandhi for the Applicant.

________________ CORAM: SANDEEP V. MARNE, J.

DATED: 7 APRIL 2026.

P.C.:

1) This is an Application filed under Section 11 of the Arbitration and Conciliation Act, 1996 (the Arbitration Act) for appointment of Arbitrator for adjudication of disputes and differences between the parties arising out of Agreement dated 15 February 2021. 2) I have heard Mr. Carvalho, the learned counsel appearing for the Applicant.

3) As observed in the order dated 17 February 2026 the Respondents are duly served. However, none appears on behalf of the Respondents.

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Megha 27_carap_607_2025 4) Perusal of the Agreement dated 15 February 2021 indicates presence of arbitration clause. The dispute is to be resolved at Mumbai and accordingly, the seat of arbitration would be at Mumbai. I am therefore, prima facie satisfied about existence of arbitration agreement between the parties. It would be just and proper to constitute a sole Arbitrator for adjudication of disputes and differences between the parties.

5) I accordingly, proceed to pass the following order:- (A) Ms. Megha Chandra, an Advocate practising in this Court is appointed as sole Arbitrator to adjudicate upon the disputes and differences between the parties arising out of Agreement dated 15 February 2021. The contact details of the Arbitrator are as under:- Office Address:- Office No.2, 2nd floor, 11/13 Botawala Building, Fort, Horniman Circle Garden, Mumbai.

Email id:- megha.chandra88@gmail.com Mobile No.:- 9372590230 (B) A copy of this order be communicated to the learned sole Arbitrator by the Advocates 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 2 of

Megha 27_carap_607_2025 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.

6) All rights and contentions of the parties are expressly kept open to be agitated before the learned Arbitrator. 7) With the above directions, the Application is disposed of. [SANDEEP V. MARNE, J.] Signed by: Megha S. Parab Designation: PA To Honourable Judge Date: 09/04/2026 11:03:19 3 of