Hitesh Coal Traders vs Anglomonto Resources Private Limited

2026:BHC-OS:6681

Megha 23_carbpl_27149 &arbp_271 & arbapl_31601_2025.docx

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION APPLICATION (L) NO.31601 OF 2025

¶4

R D Traders ...Applicant V/s. Anglomonto Resources Private Limited and Ors. ...Respondents WITH COMMERCIAL ARBITRATION PETITION (L) NO.27149 OF 2025 Hitesh Coal Traders ...Petitioner V/s. Anglomonto Resources Private Limited and Ors. ...Respondents WITH ARBITRATION APPLICATION NO.271 OF 2025 Hitesh Coal Traders ...Applicant V/s. Anglomonto Resources Private Limited and Ors. ...Respondents ______________ Ms. Esha S. Bhadoria with Ms. Manasi C. Pandit & Ms. Shreya Sharma for the Applicants/Petitioner. ______________ CORAM: SANDEEP V. MARNE, J. DATED: 13 MARCH 2026. P.C.: 1) These are proceedings filed under Sections 9 and 11 of the Arbitration and Conciliation Act, 1996 ( the Arbitration Act ) seeking

¶5

Page No. 1 of 4

¶6

13 March 2026

¶7

Megha 23_carbpl_27149 &arbp_271 & arbapl_31601_2025.docx

¶8

interim measures before commencement of arbitration proceedings and for appointment of Arbitral Tribunal for adjudication of disputes and differences between the parties arising out of tax invoices, which contain arbitration clause.

¶9

This Court had issued notices to the Respondents, which have been returned unserved. Accordingly, this Court permitted to serve notice on the Respondents through paper publication on 2 February 2026.

¶10

The learned counsel appearing for the Applicant tenders affidavit of service, which indicates that notices have been published in ‘Financial Express’, and a newspaper in Gujarati languages having circulation at Surat, Gujarat. The Respondents are thus, duly served. However, none has appeared on behalf of the Respondents.

¶11

On perusal of the tax invoices, it is clear that there is arbitration agreement between the parties for resolution of disputes through mechanism of arbitration. The seat in respect of arbitration is city of Mumbai. In that view of the matter, it would be just and proper to constitute Arbitral Tribunal comprising of a sole Arbitrator. Since the Arbitral Tribunal is being constituted, it would be appropriate to relegate the Applicant to the Arbitral Tribunal for remedy under Section 17 of the Arbitration Act.

¶12

5) Accordingly, I proceed to pass the following order:-

¶13

(A) Ms. Jai Kanade, an Advocate of this Court is appointed as sole Arbitrator to adjudicate upon the disputes and differences

¶14

Page No. 2 of 4 13 March 2026

¶15

Megha 23_carbpl_27149 &arbp_271 & arbapl_31601_2025.docx

¶16

between the parties arising out of the concerned tax invoices. The contact details of the Arbitrator are as under:-

¶17

Office Address :- 103, Gundecha Chambers, N.M. Road, Fort, Mumbai- 400 001 Mobile No. :- 9987775713 Email ID :- [email protected]

¶18

(B) A copy of this order be communicated to the learned sole Arbitrator by the Advocates for the Petitioner within a period of one week from the date of uploading of this order. The Petitioner shall provide the contact and communication particulars of the parties to the Arbitral Tribunal alongwith a copy of this order.

¶19

(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.

¶20

(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.

¶21

(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.

¶22

Page No. 3 of 4 13 March 2026

¶23

Megha 23_carbpl_27149 &arbp_271 & arbapl_31601_2025.docx

¶24