Metamind Professionals Llp v. Baldeoraj M Chhabra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION INTERIM APPLICATION (L) NO. 21911 OF 2025 IN COMMERCIAL ARBITRATION PETITION NO. 638 OF 2025 Metamind Professionals LLP ...Applicant

Versus

Baldeoraj Chhabra

...Respondent

Mr. Akash Rebello, a/w Burzin Somandy, Swati Chaudhary, RinaRam, i/b Tejaswita Nalawade, for the Applicant. Mr. Gaurav Gododia, i/b Rajni Mishra, for Respondent.

CORAM

: SOMASEKHAR SUNDARESAN, J.

DATE : AUGUST 6, 2025 ORDER :

1.

After the matter was argued for sometime, Learned Counsel for the parties agree to proceed to arbitration forthwith without the need for filing a separate Application under Section 11 of the Arbitration and Conciliation Act, 1996 ("the Act").

2.

In these circumstances, the Petition is converted into an Application under Section 17 of the Act and an arbitral tribunal is appointed in the following terms:- Digitally signed by ASHWINI JANARDAN VALLAKATI Date:

2025.08.16 15:57:37 +0530 ASHWINI JANARDAN VALLAKATI

A) Justice (Retd.) G.A. Sanap, a former judge 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:- Flat No.2002, Surabhi Cooperative Society, Near Oshiwara Police Station, Jogeshwari West 400 102.

Email ID:

govindsanap21@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.

3.

As regards the allegation that the order dated June 12, 2025 not having been complied with, that is a matter that cannot be dealt with in an Interim Application when contempt is alleged. Liberty to take

out such proceedings as advised. Should contempt proceedings be considered by the Applicant. The Petition however stands finally disposed of along with the Interim Application since the arbitral tribunal is hereby appointed to deal with all contentions between the parties.

4.

Interim arrangements obtaining as of today shall continue until the arbitral tribunal convenes and takes a view after hearing the parties. It is made clear that once the parties are being heard in detail, it shall be open to the arbitral tribunal to vary, modify, substitute or vacate the interim arrangements obtaining as of today. The arbitral tribunal is requested to convene at the earliest, preferably within a week of being approached to issue directions in the matter. 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.]