Vaayu Hospitality Private Limited vs Apusa Ventures Private Limited

This is an Application under Section 11 of the Arbitration and Conciliation Act, 1996 for adjudication of disputes and differences between the parties arising out of Operating Agreement dated 12 February 2024.

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By order dated 23 September 2025 the Petitioner was directed to issue notice on the Respondent. Mr. Bhangoji, the learned counsel waives service on behalf the Respondent.

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Mr. Samuel, the learned counsel appearing for the Applicant has invited my attention to clause 16.2 of the Operating Agreement under which the disputes and differences between the

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Page No. 1 of 3

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9 January 2026

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Megha 3_arbap_357_2025.docx

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parties are agreed to be referred to arbitration in accordance with the Arbitration Act. The Petitioner invoked arbitration clause vide notice dated 9 May 2025, which has remained unresponsive. Accordingly, the Petitioner has filed the present Application under Section 11 of the Arbitration Act.

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There appears to be arbitration agreement between the parties. In that view of the matter, it would be just and proper that Ms. Akanksha Agrawal, an Advocate practising in this Court is appointed as the sole Arbitrator for adjudication of disputes and differences between the parties arising out of the Operating Agreement.

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I accordingly proceed to pass the following order:-

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(A) Ms. Akanksha Agrawal, an Advocate of this Court is appointed as Sole Arbitrator to adjudicate upon the disputes and differences between the parties arising out of the Operating Agreement dated 12 February 2024 referred to above. The contact details of the Arbitrator are as under :

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Office Address :- Ms. Akanksha Agrawal

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302, Mistry Mansion, (above American Dry Fruits), 107 MG Road, Fort, Mumbai 400 001.

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Mobile No.9920482122

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Email ID :- [email protected]

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(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

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Page No. 2 of 3

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9 January 2026

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Megha 3_arbap_357_2025.docx

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particulars of the parties to the Arbitral Tribunal alongwith 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 2 weeks from receipt of a copy of this order.

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(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.

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(E) The sole Arbitrator shall be entitled to the fees 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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All issues on merits are expressly kept open to be agitated before the Arbitral Tribunal appointed as above.

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With the above directions, the application is allowed and disposed of.

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[SANDEEP V. MARNE, J.]

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Signed by: Megha S. Parab Designation: PA To Honourable Judge Date: 09/01/2026 20:48:25

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Page No. 3 of 3 9 January 2026

Vaayu Hospitality Private Limited v. Apusa Ventures Private Limited

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Vaayu Hospitality Private Limited v. Apusa Ventures Private Limited

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