Bharat Rao v. Surendra Shah

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION APPLICATION NO. 116 OF 2026 Bharat Rao ...

APPLICANT : VERSUS :

Surendra Shah ...

RESPONDENT Mr. Sanket M. Mungale, for the Applicant.

Ms. Pooja Kane i/b. Mr. Jitendra Jain, for the Respondent. CORAM : SANDEEP V. MARNE, J.

DATED : 17 APRIL 2026.

P.C :

1) This is an application filed under Section 11 of the Arbitration and Conciliation Act, 1996 (Arbitration Act) for appointment of Arbitrator for adjudication of disputes and differences between the parties which have arisen out of Deed of Partnership dated 13 January 2009.

2) As hearing of the application progressed, Ms. Kane, the learned counsel appearing for the Respondent fairly does not dispute existence of arbitration agreement between the parties. She however, submits that there is some confusion about the number of arbitrators who would constitute Arbitral Tribunal. She therefore requests the Court to 1 of

constitute Arbitral Tribunal of a sole Arbitrator. The suggestion is acceptable to Mr. Mungale, the learned counsel appearing for the Applicant.

3) It appears that in the invocation notice, the Applicant has suggested the name of Mr. Swanand R. Ganoo, an Advocate practising in this Court for being appointed as an Arbitrator. The name suggested by the Applicant is acceptable to the Respondent. Accordingly, I proceed to pass the following order :

(A) Mr. Swanand R. Ganoo, 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 Deed of Partnership dated 13 January 2009 referred to above. The contact details of the Arbitrator are as under : Office Address :- Office No.19, 1st Floor, Rohit Chambers, Janmabhoomi Marg, Fort, Mumbai- 400 001.

Email ID :- swanandg@gmail.com Mobile No.:- 98697 65529 (B) A copy of this order 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 alongwith a copy of this order.

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(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.

(D) The parties shall appear before the learned sole Arbitrator on such date and at such place as indicated by him, to obtain appropriate di13 ptrection with regard to conduct of the arbitration including fixing a schedule for pleadings, examination of witnesses, if any, schedule of hearings etc. (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) All issues on merits are expressly kept open to be agitated before the Arbitral Tribunal appointed as above. 5) With the above directions, the Arbitration Application is disposed of.

[SANDEEP V. MARNE, J.] Digitally signed by NEETA SHAILESH SAWANT Date:

2026.04.17 16:25:58 +0530 NEETA SHAILESH SAWANT 3 of