Ketan Shah v. Sattadhar Constructions
Case brief
What is this about?
Bombay High Court Commercial Division, order dated February 12, 2025 (Somasekhar Sundaresan J.): consensual appointment of Mr. Aseem Naphade as Sole Arbitrator; Commercial Arbitration Petition No. 415 of 2022 under Section 9 of the Arbitration and Conciliation Act, 1996 treated as a Section 17 application; companion Commercial Arbitration Application No. 262 of 2024; Ketan Shah versus Sattadhar Constructions & Ors; agreement dated February 29, 2022; statutory disclosure under Sections 11(8) and 12(1) within two weeks; email service before tribunal; tribunal costs and fees borne equally in the first instance subject to final award on costs; no opinion on merits, all issues kept open.
What did the court decide?
Proceedings finally disposed of by consent: Mr. Aseem Naphade appointed Sole Arbitrator; Section 9 Petition to be treated as a Section 17 Application before the Tribunal (liberty to modify/mould contents); copy of order to be communicated to the Sole Arbitrator within one week; statutory Statement of Disclosure under Sections 11(8) and 12(1) to be forwarded within two weeks; parties to appear before the Sole Arbitrator and provide contact particulars, with email communication constituting valid service; arbitral costs and fees borne by parties equally in the first instance, subject to any final Award on costs.