Sadiqhusain Shamsuddin Pachorawala v. Shabbir Shamsuddin Pachorawala
Case brief
What is this about?
Substitution of sole arbitrator; de jure inability of arbitrator owing to elevation as Judge; appointment of Gulnar Mistry as Sole Arbitrator; Bombay High Court Commercial Division O.O.C.J.; Commercial Arbitration Petition 59 of 2025; order dated November 26, 2019 appointment order; Special Leave Petition dismissed July 30, 2024; statutory Statement of Disclosure Section 11(8) read with Section 12(1) of the Act; Section 9 Petition No.158 of 2017 converted into Section 17 application; Court Receiver monies; order dated February 15, 2018; partial release of funds; seven-year delay; Pachorawala family partnership dispute; successor-in-interest joined as party; amiable compositeur; amicable settlement within thirty days of entering reference; costs borne equally in first instance; petition finally disposed of.
What did the court decide?
Substitution of the Sole Arbitrator appointed by order dated November 26, 2019 (de jure unable to act owing to elevation as a Judge); appointment of Gulnar Mistry, an advocate of this Court, as Sole Arbitrator, with ancillary directions on statutory disclosure, expeditious commencement of arbitration, examination of Court Receiver funds and possible partial release, inclusion of both Petitioners as parties, an initial attempt at amicable resolution, and equal bearing of costs in the first instance.