Section 11 application arising from a Loan cum Hypothecation Agreement with an arbitration clause. Respondent was served but did not appear. The court found an arbitration agreement existed, appointed Mr Nikhil S Karnavat as Sole Arbitrator, set terms of appointment, seat at Pune, and disposed of the application without costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
11-ARBAP-131-2024.DOC
Shephali
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
ARBITRATION APPLICATION NO. 131 OF 2024
Sany Heavy Industry India Pvt Ltd
…Applicant
Versus
Surender Singh
…Respondent
Ms Bijal Gogri , i/b GNP Legal, for the Applicant.
CORAM: ARIF S. DOCTOR, J DATED: 26th September 2024
PC:-
SHEPHALI SANJAY MORMARE
Digitally signed by SHEPHALI SANJAY MORMARE Date: 2024.10.03 09:59:37 +0530
Page 1 of 4
11-ARBAP-131-2024.DOC
There is no dispute today that has been placed before me regarding the existence of the Agreement or Arbitrability of the dispute.
TERMS OF APPOINTMENT
(a) Appointment of Arbitrator : Mr Nikhil S Karnavat, Advocate, is hereby nominated to act as a Sole Arbitrator to decide the disputes and differences between the parties.
(b) Communication to Arbitrator of this order :
(i) A copy of this order will be communicated to the learned Sole Arbitrator by the Advocates for the Applicant within one week from the date this order is uploaded.
(ii) The Advocates for the Applicant will forward an ordinary copy of this order to the learned Sole Arbitrator at the following postal and email addresses:
Arbitrator Mr Nikhil S Karnavat, Advocate
Address 305, Om Chamber, 3rd Floor, Above Panchali Hotel, JM Road, Pune 411 005
Mobile 9011049049 Email [email protected]
Page 2 of 4
11-ARBAP-131-2024.DOC
(d) Appearance before the Arbitrator : Parties will appear before the learned Sole Arbitrator on such date and at such place as the learned Sole Arbitrator nominates to obtain appropriate directions in regard to fixing a schedule for completing pleadings, etc.
(e) Contact/communication information of the parties : Contact and communication particulars are to be provided by both sides to the learned Sole Arbitrator. The information is to include functional email addresses and mobile numbers.
(f) Interim Application/s :
(i) Liberty to the parties to make an interim application or interim applications including (but not limited to) interim applications under Section 17 of the Arbitration & Conciliation Act, 1996 before the learned Sole Arbitrator. Any such application will be decided in such manner and within such time as the learned Sole Arbitrator deems fit.
Page 3 of 4
11-ARBAP-131-2024.DOC
(ii) The learned Sole Arbitrator is requested to dispose of all interim applications at the earliest.
(g) Fees : The arbitral tribunal’s fees shall be governed by the Bombay High Court (Fee Payable to Arbitrators) Rules, 2018.
(h) Sharing of costs and fees : Parties agree that all arbitral costs and the fees of the arbitrator will be borne by the two sides in equal shares in the first instance.
(i) Consent to an extension if thought necessary . Parties immediately consent to a further extension of up to six months to complete the arbitration should the learned Sole Arbitrator find it necessary.
(ARIF S. DOCTOR, J)
Page 4 of 4
1 issue framed by the court
Whether an arbitrator should be appointed under Section 11 of the Arbitration and Conciliation Act 1996 pursuant to the arbitration clause in the Loan cum Hypothecation Agreement.
3 provisions across 1 enactments
Sany Heavy Industry India Pvt Ltd
Surender Singh
Arif S. Doctor
As recorded by the court registry
5 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
