Hormaz C Daruwalla v. Goyal Achal Sampatti Vikas And Niyojan Nigam Limited

1/2 31-IA-51-2026 (OS).DOC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO. 51 OF 2026 IN ARBITRATION APPLICATION NO. 162 OF 2024 Hormaz C Daruwalla ...Applicant

Versus

Goyal Achal Sampatti Vikas And Niyojan Nigam Limited & Anr.

...Respondents

WITH INTERIM APPLICATION NO.53 OF 2026 IN COMMERCIAL ARBITRATION APPLICATION NO.146 OF 2024 WITH INTERIM APPLICATION NO.52 OF 2024 IN COMMERCIAL ARBITRATION APPLICATION NO.142 OF 2024 _______ Mr. Jamsheed Master i/b Natasha Bhot, for the Applicant. _______

CORAM

:

ARIF S. DOCTOR, J.

th JANUARY, 2026 DATE :

P.C.

1.

This is a very unfortunate case, where a party who has invoked arbitration and had approached this Court for appointment of Arbitrator has stoically refused to make payment of the fees due to the Arbitrator, despite the fact that the arbitration proceedings have been diligently progressing. 2.

Heard Mr. Master, learned counsel for the Applicant, who has invited my rd December 2025, which reads thus:

attention to an order dated 23 "1.

The circulation was permitted, since there is a failure on part of the claimant to deposit the fees and the Arbitrator fixed up a time-line before which Vaibhav

2/2 31-IA-51-2026 (OS).DOC the fees shall be deposited, or this fact would be brought to the notice of the Court.

2.

Despite notice being delivered to the Respondents, there is no appearance.

3.

However, the sole Arbitrator has received an e-mail communication from the claimant, intimating that the bills are under process. In the wake of the aforesaid, re-notify to 8th January, 2026, with an expectation that since the claimant has already processed the bills, the arbitrator fees shall be deposited."

3.

Mr. Master has today submitted that despite the aforesaid order, the outstanding fees of the learned Arbitrator have yet not been cleared by the Claimant in the arbitration. He has also tendered a copy of an e-mail th December 2025, by which it has been intimated by communication dated 19 the Claimant in the arbitration that the invoices of the learned Arbitrator have been successfully uploaded.

4.

Mr. Master further points out that the Respondents have been duly served, including for today's listing, despite which the Respondents have not appeared. 5.

In my view, therefore, it would be necessary to issue notice to the nd January 2026.

Respondents, returnable on 22 [ARIF S. DOCTOR, J.] Vaibhav