M/S Klaus Multiparking Systems Pvt. Ltd Thr Its Authorized Signatory Mr Hrishikesh Sahasrabuddhe v. Omkar Realtors And Developers Pvt Ltd.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION ARBITRATION PETITION NO. 15 OF 2026 M/s. Klaus Multiparking Systems Pvt.
Ltd., Thr. its Authorized Signatory Mr. Hrishikesh Sahasrabuddhe
...Petitioner
Versus
Omkar Realtors and Developers Pvt. Ltd.
...Respondent
Mr. Nikhil Dongre for the Petitioner.
Mr. Shakeeb Shaikh a/w A. Diamondwala i/by Diamondwala & Co. for the Respondents.
CORAM
: SOMASEKHAR SUNDARESAN, J.
DATE : FEBRUARY 17, 2026 ORDER :
1.
The existence of an arbitration agreement is not in dispute. The contention of the Respondent, however, is that the claim is time barred. No useful purpose would be served in keeping this Petition pending any further, but taking care to leave the issue of limitation open for consideration by the Arbitral Tribunal.
2.
Hence an Arbitral Tribunal is hereby appointed in the following terms.
A) ADReS Now, an independent online dispute resolution institution is directed to appoint a 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) The contact particulars of the Registrar, ADReS Now are set out below:- Email ID:
registry@adresnow.com Address:
63, Palace Road, Vasanthnagar, Bengaluru, 560001.
Website:
www.adresnow.com C) A copy of this Order will be communicated to ADReS Now by the Advocates for the Petitioner within a period of one week from the date on which this order is uploaded on the website of this Court. The Petitioner shall provide the contact and communication particulars of the parties to ADReS Now along with a copy of this Order;
D) It is clarified that ADReS Now being an ODR
institution, all proceedings will be conducted online through electronic mode, unless otherwise agreed between the appointed Arbitrator and the parties, with appropriate notification to the Registry of ADReS Now;
E) The Registry of ADReS Now is requested to appoint an independent arbitrator in compliance with the Act and its own rules consistent with the Act as soon as possible and in any event within a period of two weeks from receipt of a copy of this Order;
F) 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 Registry of ADReS Now and any other particulars as reasonably requested by the Registry.
Communications to such email addresses shall constitute valid service of correspondence in connection with the arbitration;
G) All arbitral costs and fees of the arbitration 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; and H) The seat of the arbitration shall be deemed to be the same as the seat discernible from the Agreement while the arbitration shall primarily be conducted online. 3.
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. 4.
Considering the submissions made by the parties, the date on which the Learned Arbitral Tribunal should enter reference is postponed by a period of four weeks from the upload of this order on the website of this Court.
5.
In the interregnum, the parties may explore mediation to see if the disputes can be resolved without the need to commence arbitration. Mediation shall be explored before the same forum as above on the mediation platform of the said forum.
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.]