Zee Learn Limited vs Ch. Gulveer Charitable Trust — Arbitration | Bombay HC (2026)

Zee Learn Limited vs Ch. Gulveer Charitable Trust — Arbitration | Bombay HC (2026)

What the court decided

AI extract

Outcome

Appointment of Ms. Revati Desai, Advocate, as sole Arbitrator to adjudicate the disputes and differences between the parties arising out of the Franchisee Agreement dated 13th October, 2010, with ancillary directions: copy of order to be communicated to the Arbitrator within one week; statutory Statement of Disclosure under Section 11(8) read with Section 12(1) to be forwarded within two weeks; parties to appear before the Arbitrator as directed; fees as per the Bombay High Court (Fee Payable to Arbitrators) Rules, 2018, with arbitral costs and fees borne by the parties in equal portion and subject to the final award; all issues on merits kept open.

Issue for consideration

Whether an Arbitration Agreement exists between the parties (in Clause No. 17 of the Franchisee Agreement dated 13th October, 2010, with venue of arbitration at Mumbai) such that an Arbitrator ought to be appointed under Section 11 of the Arbitration and Conciliation Act, 1996.

Court's answer

The Court was prima facie satisfied about the existence of an Arbitration Agreement between the parties, found in Clause No. 17 of the Franchisee Agreement dated 13th October, 2010, with the venue of the arbitration proceedings at Mumbai.

Ratio / Principle

Ms. Revati Desai, an Advocate practising in this Court, was appointed as sole Arbitrator to adjudicate upon the disputes and differences between the parties arising out of the Franchisee Agreement dated 13th October, 2010.

Key takeaways

All issues on merits were expressly kept open to be agitated before the Arbitral Tribunal appointed by this order.ratio¶35

Detailed headnote1 paragraphs

Application under Section 11 of the Arbitration and Conciliation Act, 1996 by ZEE Learn Limited seeking appointment of an Arbitrator for disputes arising out of a Franchisee Agreement dated 13th October, 2010 with Ch. Gulveer Charitable Trust. Notices issued on 18th April, 2023; usual mode of service having failed, service was effected by paper publication in Indian Express (English) and Jansatta (Hindi) dated 28th March, 2026; none appeared for the Respondents. The Court found an Arbitration Agreement in Clause No. 17 of the Franchisee Agreement, with the venue of arbitration at Mumbai, and recorded prima facie satisfaction as to its existence. Ms. Revati Desai, Advocate, was appointed sole Arbitrator and directed to forward the Statement of Disclosure under Section 11(8) read with Section 12(1) within two weeks; her fees were to be as prescribed under the Bombay High Court (Fee Payable to Arbitrators) Rules, 2018, with arbitral costs and fees borne by the parties in equal portion and subject to the final award. All issues on merits were expressly kept open to be agitated before the Arbitral Tribunal. The Application was disposed of accordingly.

Digitally signed by ARUNA ARUNA SANDEEP SANDEEP TALWALKAR TALWALKAR Date: 2026.04.22 15:38:25 +0530 31.ARBAP127.2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION

ARBITRATION APPLICATION NO. 127 OF 2025

ZEE Learn Limited . … Applicant. Vs.

Ch. Gulveer Charitable Trust. … Respondent.

Ms. Priya Nigwekar i/b. The Chambers of Jangra & Associates, Advocate

for Applicant.

CORAM : SANDEEP V. MARNE, J DATED : 20^th APRIL, 2026

P.C.:-

This is an Application filed under Section 11 of the Arbitration

and Conciliation Act, 1996 seeking appointment of an Arbitrator for adjudication of disputes and differences that have arisen between the parties out of the Franchisee Agreement dated 13^th October, 2010.

Heard Ms. Nigwekar, learned Counsel appearing for the

Applicant. By order dated 18^th April, 2023, notices were issued to the Respondents. It appears that since usual mode of service has failed, the

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31.ARBAP127.2025.odt

Applicant applied for service of notice on Respondents through paper publication. Ms. Nigwekar has tendered an affidavit of service which indicates publication of notices in the newspapers - Indian Express(English) and Jansatta (Hindi) dated 28^th March, 2026. None appears on behalf of the Respondents.

Perusal of the Franchisee Agreement would indicate presence of Arbitration Agreement in Clause No. 17. The venue of the Arbitration proceedings is at Mumbai. This Court is prima facie satisfied about the existence of Arbitration Agreement between the parties. I accordingly proceed to pass following order :

(A) Ms. Revati Desai, an Advocate practising in this Court is appointed as sole Arbitrator to adjudicate upon the disputes and differences between the parties arising out of a Franchisee Agreement dated 13^th October, 2010. The contact details of the Arbitrator are as under:-

Mobile No. 9004806132

Email – [email protected]

Address- C/o. Mr. Zal Andhyarudjina,

302 Mystry Mansion, 107, M.G. Road,

Fort, Mumbai.

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31.ARBAP127.2025.odt

(B) A copy of this order be communicated to the learned sole Arbitrator by the Advocates for the Applicant within a period of one week from the date of uploading of this order. The Applicant shall provide the contact and communication particulars of the parties to the Arbitral Tribunal alongwith 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 2 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 by him/her , to obtain appropriate direction with regard to conduct of the arbitration including fixing a schedule for pleadings, examination of witnesses, if any, schedule of hearings etc.

(E) The fees of the sole Arbitrator shall be as prescribed under the Bombay High Court (Fee Payable to Arbitrators) Rules, 2018 and the arbitral costs and fees of the Arbitrator shall be borne by the parties in equal portion and shall be subject to the final Award that may be passed by the Tribunal.

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31.ARBAP127.2025.odt

All issues on merits are expressly kept open to be agitated before

the Arbitral Tribunal appointed as above.

With the above directions, the Application is disposed of.

[SANDEEP V. MARNE, J]

Talwalkar

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