Puneet Developer vs Nehru Nagar Mitra Sahakari Chsl — Arbitration | Bombay HC (2025)

Puneet Developer vs Nehru Nagar Mitra Sahakari Chsl — Arbitration | Bombay HC (2025)

What the court decided

AI extract

Outcome

Substitute Sole Arbitrator (Mr. Rohan Savant, Advocate) appointed under Section 15 of the Arbitration and Conciliation Act, 1996 to adjudicate the disputes between the parties arising out of the Agreement, with directions: (i) copy of the Order to be communicated to the arbitrator by the Petitioner's advocates within one week of upload, along with parties' contact particulars; (ii) statutory Statement of Disclosure under Sections 11(8) and 12(1) to be forwarded to the parties within two weeks; (iii) parties to appear before the arbitrator for directions on conduct of arbitration, providing functional email addresses and phone numbers of their advocates, communications to such addresses constituting valid service; and (iv) arbitral costs and fees to be borne equally in the first instance, subject to the final award on costs.

Issue for consideration

Whether, following the recusal of the earlier Learned Sole Arbitrator, a substitute Sole Arbitrator ought to be appointed under Section 15 of the Arbitration and Conciliation Act, 1996 to adjudicate the disputes between the parties.

Court's answer

The Court found that the Learned Sole Arbitrator had recused himself from the matter by an email dated June 21, 2025 (Exhibit 'F'), and that in these circumstances the arbitrator would need to be substituted.

Ratio / Principle

Mr. Rohan Savant, a learned advocate of the Bombay High Court, was 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 in the petition.

Key takeaways

The newly appointed Learned Sole Arbitrator was directed to forward the statutory Statement of Disclosure under Section 11(8) read with Section 12(1) of the Act to the parties within two weeks from receipt of a copy of the Order.ratio¶25
All arbitral costs and fees of the Arbitral Tribunal were directed to be borne by the parties equally in the first instance, subject to any final Award of the Tribunal in relation to costs.ratio¶31

Detailed headnote1 paragraphs

Bombay High Court, Commercial Division — Commercial Arbitration Petition No. 844 of 2025 (Puneet Developer v. Nehru Nagar Mitra Sahakari CHSL), Somasekhar Sundaresan, J., November 17, 2025: On a petition under Section 15 of the Arbitration and Conciliation Act, 1996, the Court recorded that the earlier Learned Sole Arbitrator had recused himself by email dated June 21, 2025 (Exhibit 'F') and accordingly appointed Mr. Rohan Savant, Advocate, as substitute Sole Arbitrator to adjudicate the disputes and differences between the parties arising out of and in connection with the Agreement. Directions issued: copy of the Order to be communicated to the arbitrator within one week of upload together with the parties' contact particulars; statutory Statement of Disclosure under Section 11(8) read with Section 12(1) of the Act to be forwarded within two weeks; parties to appear before the arbitrator, furnish functional email addresses and telephone numbers of their advocates, with email communication constituting valid service; and arbitral costs and fees to be borne equally in the first instance, subject to the final award on costs. Petition finally disposed of.

34-CARBP-844-2025.doc

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

IN ITS COMMERCIAL DIVISION

COMMERCIAL ARBITRATION PETITION NO. 844 OF 2025

Puneet Developer …Petitioner

Versus

Nehru Nagar Mitra Sahakari CHSL

…Respondent

Mr. Hasmit Trivedi, a/w Niharika Ahirekar, i/b Praxis Legal for the Petitioner.

Appearance not received for Respondent.

CORAM : SOMASEKHAR SUNDARESAN, J. DATE : NOVEMBER 17, 2025

ORDER :

This is a Petition filed under Section 15 of the Arbitration and Conciliation Act, 1996.

It is seen from the exhibit ‘F’ that the Learned Sole Arbitrator has recused himself from the matter by an email dated June 21, 2025. In these circumstances, the arbitrator would need to be substituted. The substituted arbitrator is appointed in the following terms:-

A) Mr. Rohan Savant, a learned advocate of this Court is

Digitally signed by ASHWINI ASHWINI JANARDAN JANARDAN VALLAKATI VALLAKATI Date: 2025.11.20 19:34:48 +0530

hereby appointed as the Sole Arbitrator to adjudicate upon the disputes and differences between the parties

Page 1 of 3 November 17, 2025

Ashwini Vallakati

34-CARBP-844-2025.doc

arising out of and in connection with the Agreement

referred to above;

Office Address:- Office No. 62, 5^th Floor, Alli Chambers, Tamarind Lane, Kala Ghoda, Fort, Mumbai – 400 001 Email ID: [email protected]

B) A copy of this Order will be communicated to the Learned Sole Arbitrator by the Advocates for the Petitioner within a period of one week from the date of upload of this order. The Petitioner shall provide the contact and communication particulars of the parties to the Arbitral Tribunal along with a copy of this Order;

C) The Learned Sole Arbitrator is requested to forward the statutory Statement of Disclosure under Section 11(8) read with Section 12(1) of the Act to the parties within a period of two weeks from receipt of a copy of this Order;

D) The parties shall appear before the Learned Sole Arbitrator on such date and at such place as indicated,

Page 2 of 3 November 17, 2025

Ashwini Vallakati

34-CARBP-844-2025.doc

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;

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.

This Petition is finally disposed of in the aforesaid terms.

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.

[ SOMASEKHAR SUNDARESAN, J.]

Page 3 of 3 November 17, 2025

Ashwini Vallakati