Habib Bismillah Khan vs Lal Amin Shahi Khan — Arbitration | Bombay HC (2026)

Habib Bismillah Khan vs Lal Amin Shahi Khan — Arbitration | Bombay HC (2026)

What the court decided

AI extract

Outcome

Appointment of Ms. Shruti Tulpule, Advocate, as sole Arbitrator to adjudicate the disputes and differences between the parties arising out of the MOU dated 18 October 2017, with the seat at Mumbai, statutory disclosure under Section 11(8) read with Section 12(1) within two weeks, and fees per the Bombay High Court (Fee Payable to Arbitrators) Rules, 2018 borne equally by the parties subject to the final award.

Issue for consideration

Whether an Arbitrator should be appointed under Section 11 of the Arbitration and Conciliation Act, 1996 to adjudicate the disputes and differences between the parties arising out of the MOU dated 18 October 2017. +1 more

Court's answer

Ms. Shruti Tulpule, an Advocate of this Court, is appointed as sole Arbitrator to adjudicate upon the disputes and differences between the parties arising out of the MOU dated 18 October 2017, giving effect to the joint request for a sole-member Arbitral Tribunal.

Ratio / Principle

Existence of the arbitration agreement between the parties was admitted by the counsel for Respondents No.1 and 2.

Key takeaways

Perusal of the MOU indicated the existence of arbitration clause No.18 therein.ratio¶17
On the joint submission of both counsel, the seat of the arbitration was taken as Mumbai, the MOU being silent on the issue of seat.ratio¶17
Fees of the sole Arbitrator to be as prescribed under the Bombay High Court (Fee Payable to Arbitrators) Rules, 2018; the arbitral costs and the Arbitrator's fees to be borne by the parties in equal portion and subject to the final Award of the Tribunal.ratio

Detailed headnote1 paragraphs

Arbitration Application No.1 of 2025, High Court of Judicature at Bombay (Ordinary Original Civil Jurisdiction), Sandeep V. Marne, J., 10 March 2026: Section 11 application under the Arbitration and Conciliation Act, 1996 by Habib Bismillah Khan against Lal Amin Shahi Khan seeking appointment of an Arbitrator for disputes arising out of a MOU dated 18 October 2017. Counsel for Respondents No.1 and 2 admitted the existence of the arbitration agreement, and perusal of the MOU confirmed arbitration clause No.18. As both rival parties are from Mumbai and the MOU is silent on seat, both counsel jointly submitted that the seat be Mumbai and jointly requested a sole-member Arbitral Tribunal. Acting accordingly, the Judge appointed Ms. Shruti Tulpule, Advocate, as sole Arbitrator; ordered communication of the order to her within one week; directed the statutory Statement of Disclosure under Section 11(8) read with Section 12(1) within two weeks; fixed the arbitrator's fees per the Bombay High Court (Fee Payable to Arbitrators) Rules, 2018 with arbitral costs and fees borne equally, subject to the final award; and expressly kept all rights and contentions on merits open before the Tribunal. Application disposed of. Respondent No.3 did not appear despite acknowledgment of the notice dated 6 February 2026.

2026:BHC-OS:6348

Rutuja 13-ARBAP-1-2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION APPLICATION NO.1 OF 2025

Habib Bismillah Khan ...Applicant

V/s.

Lal Amin Shahi Khan ...Respondent

Mr.Omar Khaiyam Shaikh for Applicant.

Mr.Ashish J Dubey, for Respondents No.1 and 2.

CORAM: SANDEEP V. MARNE, J. DATED: 10 MARCH 2026.

P.C.:

This an Application filed under Section 11 of the Arbitration and Conciliation Act, 1996 ( the Arbitration Act ) for appointment of an Arbitrator for adjudication of disputes and differences, which have arisen between the parties out of MOU dated 18 October 2017.

I have heard Mr. Shaikh, the learned counsel appearing for the Applicant and Mr. Dubey, the learned counsel appearing for Respondents No.1 and 2.

Mr. Dubey fairly admits existence of arbitration agreement between the parties.

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Mr. Shaikh tenders office copy of notice dated 6 February 2026 which bears acknowledgment of Respondent No.3. However none appears on behalf of the Respondent No.3.

Perusal of the MOU indicates existence of arbitration clause No.18. Mr. Shaikh as well as Mr. Dubey jointly submit that since both the rival parties are from Mumbai, the seat of the arbitration be decided as Mumbai since the MOU is silent on the issue of seat.

Both the learned counsel jointly requested for constitution of Arbitral Tribunal, comprising of a sole arbitrator.

7) Accordingly, I pass following Order.

(A) Ms. Shruti Tulpule, an Advocate of this Court is appointed as sole Arbitrator to adjudicate upon the disputes and differences between the parties arising out of MOU dated 18 October 2017. The contact details of the Arbitrator are as under :

Office Address:Office No.7, Teekay Business Centre, Mezzanine Floor, Ready Mone Mansion, Veer Nariman Road, Fort Mumbai-400001 Mobile No.:9823474226 Email ID:[email protected]

(B) A copy of this order be communicated to the learned sole Arbitrator by the Advocates for the Applicant within a period of

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Rutuja 13-ARBAP-1-2025

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 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.

All the rights and contentions on merits of the disputes are expressly kept open to be agitated before the Arbitral Tribunal.

7) The Arbitration application is disposed of .

[SANDEEP V. MARNE, J.]

Signed by: Rutuja Rajennndra Borse Designation: PA To Honourable Judge Date: 12/03/2026 11:19:37

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