Disposed¶41

Nazir Ahmed Ibrahim Velaskar v. K P D I Industries Limited

Bombay HC6 Apr 2026S/109/2024

Case brief

AI extract

What is this about?

Bombay High Court OO CJ; Somasekhar Sundaresan J; IA 1130 of 2024 in Suit 109 of 2024; Nazir Ahmed Ibrahim Velaskar & Ors v K. P. D. I. Industries Limited; consent referral to arbitration; Section 8 Arbitration and Conciliation Act 1996; Sole Arbitrator Alpana Ghone; interim protections continued; Suit disposed; Section 17 prayers; court fee refund; merits kept open.

What did the court decide?

Constitution of an Arbitral Tribunal with Ms. Alpana Ghone appointed as Sole Arbitrator; continuation of existing interim protections until the Tribunal takes a view, with liberty to enhance, modify or vary them; disposal of the Suit and all connected interim applications, whose interlocutory reliefs become prayers under Section 17 of the Act; refund of Court fees in accordance with Rules. ¶41

Nazir Ahmed Ibrahim Velaskar vs K P D I Industries Limited — Arbitration | Bombay HC (2026)

What the court decided

AI extract

Outcome

¶41

Issue for consideration

Whether the disputes between the parties should be taken to arbitration by constituting an Arbitral Tribunal, given the Defendant's desire to proceed to arbitration and the Applicants' consent to proceed by agreement, with interim protections continuing meanwhile. +1 more

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Court's answer

Considering that the Defendant desired to proceed to arbitration and the Applicant had no quarrel with proceeding to arbitration by consent, an Arbitral Tribunal was constituted, and Ms. Alpana Ghone, an advocate of the Court, was appointed Sole Arbitrator to adjudicate the disputes and differences between the parties arising out of and in connection with the Agreement referred to above.

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Ratio / Principle

The interim arrangements obtaining as of the date of the order shall continue until the Arbitral Tribunal takes a view on an appropriate protective arrangement, if any is needed; the Tribunal is at liberty to enhance, modify or vary the interlocutory arrangements to preserve the subject matter of the proceedings, and the parties are to appear before the arbitrator within a week of upload of the order.

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Key takeaways

All arbitral costs and fees of the Arbitral Tribunal shall be borne by the parties equally in the first instance, subject to any final Award of the Tribunal in relation to costs.ratio¶32
The Suit and all connected interim applications stand disposed of; pending applications continue to constitute interim applications in the arbitral proceedings.ratio¶34
The interlocutory reliefs prayed for in the pending applications would constitute prayers under Section 17 of the Act in the arbitral proceedings.ratio

Detailed headnote1 paragraphs

Bombay High Court (Ordinary Original Civil Jurisdiction), Somasekhar Sundaresan J, 06.04.2026: Interim Application No. 1130 of 2024 in Suit No. 109 of 2024, Nazir Ahmed Ibrahim Velaskar & Ors. v. K. P. D. I. Industries Limited. The Defendant urged that the Court first hear its application under Section 8 of the Arbitration and Conciliation Act, 1996, contending the disputes were amenable to arbitration; the Plaintiffs consented to proceed to arbitration while keeping interim protections intact. By consent, the Court appointed Ms. Alpana Ghone, advocate, as Sole Arbitrator for disputes arising out of and in connection with the Agreement referred to above; directed that a copy of the order and the parties' contact particulars be provided to the arbitrator within a week; requested the statutory Statement of Disclosure under Section 11(8) read with Section 12(1) within two weeks; directed appearance before the arbitrator and equal bearing of arbitral costs and fees in the first instance, subject to any final award on costs; continued the existing interim arrangements until the arbitrator took a view, with liberty to enhance, modify or vary them; disposed of the Suit and all connected interim applications, converting pending applications' interlocutory reliefs into prayers under Section 17 of the Act; ordered refund of Court fees in accordance with the Rules; and expressly kept all issues on merits open to be agitated before the Arbitral Tribunal, expressing no opinion on the merits or the relative strength of the parties.

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64.IA.1130.2024 copy.docx

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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ORDINARY ORIGINAL CIVIL JURISDICTION

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INTERIM APPLICATION NO.1130 OF 2024

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SUIT NO.109 OF 2024

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Nazir Ahmed Ibrahim Velaskar & Ors. ….Applicants Versus

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K. P. D. I. Industries Limited ....Defendant

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Mr. Bipin Joshi, for Applicants/Plaintiffs.

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Mr. Sameer Walimbe, for Defendant.

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CORAM: SOMASEKHAR SUNDARESAN, J.

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DATE : APRIL 6, 2026

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ORDER :

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Learned Advocate for the Defendants submits that before considering the application listed today, the Court ought to hear an application under Section 8 of the Arbitration and Conciliation Act, 1996 ( “the Act” ) contending that the disputes are amenable to arbitration.

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Learned Advocate for the Applicants submits that even while there may be a debate about whether there is an arbitration agreement in the currently applicable agreement that superseded the prior agreements, he has instructions to agree to proceed to arbitration

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Digitally signed by AARTI AARTIGAJANAN GAJANAN PALKAR PALKAR Date:2026.04.09 11:54:22 +0530 Aarti Palkar

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Page 1 of 4

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APRIL 6, 2026

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64.IA.1130.2024 copy.docx

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keeping the interim protections available as of today intact until the arbitrator is seized of the matter and takes a further view on whether enhanced relief or modified relief needs to be dealt with.

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In these circumstances, considering that the Defendant is desirous of proceeding to arbitration and the Applicant has no quarrel with proceeding to arbitration by consent, an Arbitral Tribunal is hereby constituted in the following terms:-

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A] Ms. Alpana Ghone, an 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;

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Office Address:- 53, Ajaydeep House, 240 Parin

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Nariman Street, Fort, Mumbai - 400001. Email ID :- [email protected]

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

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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;

Page 2 of 4

APRIL 6, 2026

Aarti Palkar

64.IA.1130.2024 copy.docx

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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;

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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.

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The interim arrangements obtaining as of today shall continue until the last takes a view on an appropriate protective arrangement, if any is needed. The Arbitral Tribunal shall be at liberty to enhance, modify or vary the interlocutory arrangements in order to preserve the subject matter of the proceedings. The parties shall present themselves before the arbitrator within a week of the upload of this order to take instructions on how to proceed further.

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In the aforesaid premises, the Suit and all the connected interim applications stand disposed of . Any pending applications would continue to constitute interim applications in the arbitral proceedings

Page 3 of 4

APRIL 6, 2026

Aarti Palkar

64.IA.1130.2024 copy.docx

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and the interlocutory reliefs prayed for therein would constitute

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prayers under Section 17 of the Act.

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The Suit is hereby finally disposed of.

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Refund of Court fees in accordance with Rules.

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

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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

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APRIL 6, 2026

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Aarti Palkar

Nazir Ahmed Ibrahim Velaskar v. K P D I Industries Limited

Case brief

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Nazir Ahmed Ibrahim Velaskar v. K P D I Industries Limited

Case brief

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