Yasmin Mohmmed Ahmed v. Fiona Realty Private Limited
Case brief
What is this about?
Section 11 application and Section 9 petition, Arbitration and Conciliation Act 1996; appointment of sole arbitrator; arbitration clause in Partnership Deed; legal heir and widow of deceased partner; non-signatory to arbitration agreement; joinder of legal heirs including another wife; jurisdiction left to Arbitral Tribunal under Section 16; Justice (Retd.) Akil Kureshi appointed Sole Arbitrator; Bombay High Court, Ordinary Original Civil Jurisdiction; Arbitration Application No.156 of 2024; Arbitration Petition No.15 of 2025; disclosure under Sections 11(8) and 12(1); costs borne equally; amicable settlement encouraged; interim applications disposed.
What did the court decide?
Both proceedings finally disposed of: Justice (Retd.) Akil Kureshi appointed Sole Arbitrator; copy of the Order to be communicated to the arbitrator by the Petitioner's advocates within one week; arbitrator to forward statutory disclosure under Sections 11(8)/12(1) within two weeks; parties to appear before the tribunal and furnish contact/email details (email service deemed valid); arbitral costs and fees borne equally in the first instance, subject to final award on costs; liberty to the Petitioner to modify the Section 9 Petition; tribunal requested to explore amicable resolution before conducting arbitration; all connected interim applications disposed of.