Transasia Bio Medicals Ltd. vs Hindustan Wellness Private Limited

This Application 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 Minimum Purchase Agreement dated March 27, 2017 (“ Agreement ”). The arbitration agreement is contained in Clause 18 (found at Page 35 of the Application) of the Agreement. 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.

¶11

Digitally signed by AARTI AARTI GAJANAN GAJANAN PALKAR PALKAR Date: 2025.09.30 11:15:15 +0530

¶12

Page 1 of 5 SEPTEMBER 22, 2025

¶13

Aarti Palkar

¶14

25.ARBAP.334.2024.doc

¶15

It is apparent from the record that the arbitration agreement was invoked by the Applicant on December 29, 2021. There is no reply filed to the said invocation.

¶16

The arbitration agreement entails the provision for unilateral appointment of an arbitrator by the Applicant. Learned Counsel for the Applicant submits that it is left to this Court to appoint an appropriate arbitrator. Reply dated July 19, 2022 from the Respondents to the invocation notice does not contest the existence of the arbitration agreement, but in fact points out that the unilateral appointment of arbitrator would be in conflict with the law.

¶17

In these circumstances, no useful purpose would be served in keeping this Application pending any further since the Applicant has now left it to this Court to appoint an appropriate arbitrator.

¶18

The scope of review under Section 11 is explicitly set out in Section 11(6A) of the Act. It is now trite law, with particular regard to the decisions of a seven-judge bench in the Interplay Judgement¹ followed by multiple others, including SBI General² and Patel³ that the Section 11 Court ought not to venture beyond examining the existence of a validly existing arbitration agreement that has been formally

¶19

executed. Even questions of existential substance is a matter that falls

¶20

1 In Re: Interplay Between Arbitration Agreement under Arbitration and Conciliation Act, 1996 and Stamp Act, 1899 – (2024) 6 SCC 1

¶21

2 SBI General Insurance Co. Ltd. Vs. Krish Spinning – 2024 SCC OnLine 1974

¶22

3 Ajay Madhusudan Patel Vs. Jyotindra S. Patel – 2024 SCC OnLine, 2597

¶23

Page 2 of 5 SEPTEMBER 22, 2025

¶24

Aarti Palkar

¶25

25.ARBAP.334.2024.doc

¶26

squarely in the domain of the arbitral tribunal, in view of Section 16 of the Act.

¶27

Being satisfied that an arbitration agreement is validly in existence, and that arbitration has been duly invoked, it is in the fitness of things to refer the disputes and differences between the parties in connection with the aforesaid agreement to arbitration by a Sole Arbitrator.

¶28

In these circumstances, this Application is hereby finally disposedof , in terms of the following order:

¶29

A] Mr. Akshay Doctor, a learned advocate 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;

¶30

Office Address:- Address: Ground Floor, Oval House, British Hotel Lane, Kala Ghoda, Mumbai – 400001 Email ID: Email: [email protected]

¶31

B] A copy of this Order will 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 along with a copy of this Order;

¶32

C] The Learned Sole Arbitrator is requested to forward the statutory Statement of Disclosure under Section 11(8)

Page 3 of 5

SEPTEMBER 22, 2025

Aarti Palkar

25.ARBAP.334.2024.doc

¶37

read with Section 12(1) of the Act to the Advocates for the Applicant so as to enable them to file the same in the Registry of this Court. The Registry of this Court shall retain the said Statement on the file of this Application and a copy of the same shall be furnished by the Advocates for the Applicant to the Advocates for the Respondent;

¶38

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;

¶39

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.

¶40

Needless to say, nothing contained in this order is an expression

¶41

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.

¶42

Page 4 of 5 SEPTEMBER 22, 2025

¶43

Aarti Palkar

¶44

25.ARBAP.334.2024.doc

¶45