Disposed¶41

Kalpesh J Palan v. Meena Alias Harsha a Joshi

Bombay HC5 May 2025CARBP/219/2024

Case brief

AI extract

What is this about?

Substitute arbitrator appointment; Presolv360 ODR institution; sole arbitrator; online arbitration / electronic mode; Bombay High Court Commercial Division; Commercial Arbitration Petition Nos. 219 and 220 of 2024; Kalpesh J. Palan v. Meena alias Harsha A. Joshi; seat of arbitration per Agreement; arbitration costs borne equally; valid service by email; interim applications disposed; order dated November 28, 2025; earlier appointment order dated September 23, 2025.

What did the court decide?

Appointment of a substitute sole arbitrator through Presolv360 (ODR institution) to adjudicate and administer the disputes arising out of the Agreement; appointment to be made within two weeks; proceedings online unless otherwise agreed; seat as per the Agreement; costs shared equally in first instance. ¶41

Kalpesh J Palan vs Meena Alias Harsha a Joshi — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether a substitute sole arbitrator should be appointed to adjudicate the disputes and differences between the parties arising out of and in connection with the Agreement referred to in the respective Petitions, after the previously appointed substitute arbitrator expressed inability to act.

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Court's answer

Presolv360, an independent online dispute resolution institution, is directed to appoint a sole arbitrator to adjudicate upon the disputes and differences between the parties arising out of and in connection with the Agreement referred to in the respective Petitions, and to administer the arbitration.

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Ratio / Principle

Since Presolv360 is an ODR institution, all proceedings will be conducted online through electronic mode, unless otherwise agreed between the appointed Arbitrator and the parties, with appropriate notification to the administration of Presolv360.

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Key takeaways

The administration of Presolv360 is requested to appoint an independent arbitrator in compliance with the Act and its own rules consistent with the Act, as soon as possible and in any event within two weeks from receipt of a copy of the Order.ratio¶32
Communications to the email addresses provided by the parties to the administration of Presolv360 shall constitute valid service of correspondence in connection with the arbitration.ratio¶33
All arbitral costs and fees shall be borne by the parties equally in the first instance, subject to any final Award passed by the Tribunal in relation to costs.

Detailed headnote1 paragraphs

Bombay High Court, Commercial Division (Somasekhar Sundaresan J.), November 28, 2025 — Commercial Arbitration Petitions Nos. 219 and 220 of 2024 (Kalpesh J. Palan & Ors. v. Meena alias Harsha A. Joshi & Ors.): After the substitute arbitrator appointed by order dated September 23, 2025 expressed inability to act, the Court appointed a fresh substitute arbitrator by directing Presolv360, an independent online dispute resolution institution, to appoint a sole arbitrator to adjudicate and administer the disputes arising out of and in connection with the Agreement referred to in the Petitions. Presolv360 was to appoint an independent arbitrator in compliance with the Act and its own rules within two weeks of receipt of the Order. All proceedings to be conducted online through electronic mode unless otherwise agreed; communications to email addresses furnished to constitute valid service; arbitral costs and fees to be borne equally in the first instance, subject to the Tribunal's final award on costs; seat of arbitration deemed the same as discernible from the Agreement. The Court expressly left all merits issues open and disposed of attendant interim applications.

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908-CARBP-219-2024.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION

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Digitally signed by SHRADDHA SHRADDHA KAMLESH KAMLESH TALEKAR TALEKAR Date: 2025.11.29 18:27:53 +0530

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908-COMMERCIAL ARBITRATION PETITION NO. 219 OF 2024 AND

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909-COMMERCIAL ARBITRATION PETITION NO. 220 OF 2024

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Kalpesh J. Palan & Ors. …Petitioners

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Versus

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Meena alias Harsha A. Joshi

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& Ors.

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…Respondents

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Mr. Aditya Udeshi a/w. Rahul Sanghvi and Ajinkya Kadam i/b M/s. Sanjay Udeshi & Co., for Petitioners.

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None for Respondents.

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CORAM : SOMASEKHAR SUNDARESAN, J. Date : November 28, 2025

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ORDER :

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By an order dated September 23, 2025, a substitute arbitrator

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had been appointed, who also has expressed his inability to take up the matter. In these circumstances, substitute arbitrator is appointed in the following terms :

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A] Presolv360, an independent online dispute resolution institution is directed to appoint a sole arbitrator to adjudicate upon the disputes and differences between the parties arising out of and in connection with the Agreement referred in the

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Page 1 of 4 November 28 2025

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Shraddha

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908-CARBP-219-2024.doc

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respective Petitions and administer the same;

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B] The contact particulars of the Director, Presolv360 are set

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out below:-

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Email id : [email protected] Contact No. - +91-9820167337

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Address: 1^st Floor, Esperanca Building, Shahid Bhagat Singh Road, Colaba, Mumbai – 400 001.

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Website: www.presolv360.com

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C] A copy of this Order will be communicated to Presolv360 by the Advocates for the Petitioners within a period of one week from the upload of this order on the website of this Court. The Petitioners shall provide the contact and communication particulars of the parties to Presolv360 along with a copy of this Order;

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D] It is clarified that Presolv360 being an ODR institution, all proceedings will be conducted online through electronic mode, unless otherwise agreed between the appointed Arbitrator and the parties, with appropriate notification to the administration of Presolv360.

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Page 2 of 4 November 28 2025

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Shraddha

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908-CARBP-219-2024.doc

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E] The administration of Presolv360 is requested to appoint an independent arbitrator in compliance with the Act and its own rules consistent with the Act as soon as possible and in any event within a period of two weeks from receipt of a copy of this Order;

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F] 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 administration of Presolv360 and any other particulars as reasonably requested by the administration . Communications to such email addresses shall constitute valid service of correspondence in connection with the arbitration;

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G] All arbitral costs and fees of the arbitration 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; and

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H] The seat of the arbitration shall be deemed to be the same as the seat discernible from the Agreement while the arbitration shall primarily be conducted online.

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Needless to say, nothing contained in this order is an expression of an opinion on merits of the matter or the relative strength

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Page 3 of 4 November 28 2025

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Shraddha

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908-CARBP-219-2024.doc

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of the parties. All issues on merits are expressly kept open to be agitated before the Arbitral Tribunal appointed hereby.

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In view of the disposal of the proceedings, attendant Interim Applications, if any, also stand disposed of.

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All actions required to be taken pursuant to this order, shall be taken upon receipt of a downloaded copy as available on this Court’s website.

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[ SOMASEKHAR SUNDARESAN, J.]

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Page 4 of 4 November 28 2025

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Shraddha

Kalpesh J Palan v. Meena Alias Harsha a Joshi

Case brief

What is this about?

What did the court decide?

Kalpesh J Palan v. Meena Alias Harsha a Joshi

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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