Dr Premkumar Ramkishan Maurya v. Mnm Associates

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION (L.) NO. 1386 OF 2026 WITH ARBITRATION APPLICATION NO. 101 OF 2026 Dr. Premkumar Ramkishan Maurya ..Petitioner/Applicant V/s.

MNM Associates

...Respondent

________________ Mr. Amrut Joshi i/b. Mr. Shivanand D. Koli, for the Petitioner-Applicant. Mr. Premlal Krishnan with Mr. Abuzar Khan and Mr. Suraj S. Iyer i.b. Pan India Legal, for Respondent Nos.2 and 3.

________________ CORAM: SANDEEP V. MARNE, J.

DATED: 8 May 2026.

P.C.:

1) These are proceedings filed under Sections 9 and 11 of the Arbitration and Conciliation Act, 1996 for seeking interim measures and for appointment of Arbitrator. Disputes and difference have arisen between the parties out of Partnership Deed dated 24 August 2021 which contains arbitration agreement in Clause-23.

2) I have heard Mr. Joshi, the learned counsel appearing for the Petitioner-Applicant. Mr. Krishnan, the learned counsel appearing for Respondent Nos.2 and 3 fairly does not dispute existence of arbitration agreement between the parties. Both the learned counsel,. on 1 of

instructions, have agreed for appointment of Mr. Aseem Naphade as the sole Arbitrator. Since Arbitral Tribunal is being constituted, it would be appropriate that the Applicant/Petitioner exercises remedy under Section 17 of the Arbitration Act before the Arbitral Tribunal. Accordingly, I proceed to pass the following order :

(A) Mr. Aseem Naphade, an Advocate of this Court is hereby appointed as sole Arbitrator to adjudicate upon the disputes and differences between the parties arising out of an Partnership Deed dated 24 August 2021 referred to above. The contact details of the Arbitrator are as under : Office Address :- Office No.302, 3rd floor, Vardhaman Chambers, Cawasji Patel Street, Fort, Mumbai-400 001.

Email ID :- aseem1112@gmail.com Mobile No.:- 99200 30695 (B) A copy of this order 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 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 Section 12(1) of the Act to the parties within a period of 2 weeks from receipt of a copy of this order.

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(D) The parties shall appear before the learned sole Arbitrator on such date and at such place as indicated by him, 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.

3)(E) The sole Arbitrator shall be entitled to the fees 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 proportion and shall be subject to the final Award that may be passed by the Tribunal 4) Petitioner would be at liberty to file application under Section 17 of the Arbitration Act for seeking interim measures before the Arbitral Tribunal.

5) All issues on merits are expressly kept open to be agitated before the Arbitral Tribunal appointed as above. 6) With the above directions, the Arbitration Application and Arbitration Petition are allowed and disposed of. [SANDEEP V. MARNE, J.] 3 of