Mr. Nirav Dharamdas Karia v. M/S Shri Ram Sthapatya Thr Its Partner, Mr Amit Senjalia

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION ARBITRATION PETITION NO.16 OF 2026 Mr. Nirav Dharamdas Karia ....Petitioner

Versus

M/s Shri Ram Sthapatya & Ors.

....Respondents Mr. Sumedh S. Modak, for Petitioner.

Mr. Hrishikesh Nabar a/w. Jenish Jain h/f. Gargi Warunjikar, for Respondents.

CORAM: SOMASEKHAR SUNDARESAN, J.

DATE : FEBRUARY 24, 2026 ORDER :

1.

This Petition 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 a Partnership Deed dated February 14, 2011 ("Agreement"). The arbitration agreement is contained in Clause 26 (Found at Page No.29 of the Petition). 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.

Digitally signed by AARTI GAJANAN PALKAR Date:

2026.02.27 11:27:32 +0530 AARTI GAJANAN PALKAR

2.

Reply affidavit tendered by Learned Counsel for the Respondents is taken on record.

3.

Section 9 Petition being Civil Miscellaneous Application No.26 of 2026 has been filed before the Learned District Court, Thane, in which certain protective reliefs have already been obtained by the Petitioner. 4.

Learned Counsel for the Respondents submits that the Respondents had filed the suit in view of the conduct of the Petitioner, which were against the interest of the firm, which came to be dismissed, and the First Appeal is against the same is pending. 5.

Be that as it may, considering that the existence of the arbitration agreement cannot be quarreled, no useful purpose would be served by keeping this Petition pending any further.

6.

At this stage, the parties have consensus that without prejudice to the Respondents' contentions, the seat of arbitration may be at Mumbai.

7.

In these circumstances, this Petition is hereby finally disposed of, in terms of the following order:

A] Justice (Retd.) A.I.S. Cheema, 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:- Mumbai office - Lexi Conveniens, 11 & 11A, Hasim Building, 4th Floor, Opp. Akbarallys, V. N. Road, Fort, Mumbai - 400 001.

Email ID :- ashokcheema15@gmail.com B] A copy of this Order will be communicated to the Learned Sole Arbitrator by the Advocates for the Petitioner within a period of one week from the date of upload of this order. The Petitioner 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.

8.

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. 9.

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.]