Neeta Ketan Shah v. Central Depository Services India Ltd.
Case brief
What is this about?
Section 11 Arbitration and Conciliation Act 1996; constitution/reconstitution of Arbitral Tribunal; non-constitution of arbitral tribunal; unilateral appointment of arbitrator; CDSL curated panel of arbitrators; nominee arbitrator appointed with consent of parties; Shreya Parikh nominee arbitrator; Presiding Arbitrator to be appointed by two nominee Arbitrators; arbitrators at liberty to fix fees; proceedings per CDSL bye-laws; limitation contention kept open; Bombay High Court Ordinary Original Civil Jurisdiction; ARBAP 325/2025; ARBAP 310/2025; ARBAP 358/2025; ARBAP 359/2025; ARBAP 368/2025; ARBAP 456/2025; ARBAP(L) 1421/2026; Sandeep V. Marne J.; Central Depository Services (India) Ltd.; Ketan Lalit Shah; Kamal R. Bulchandani; Prafulla Lalit Shah; Neeta Ketan Shah; Samir Shah; RHP Partners; Trilegal.
What did the court decide?
Constitution of the Arbitral Tribunal: Ms. Shreya Parikh appointed as the Applicants' nominee Arbitrator; CDSL's already-nominated nominee retained, with liberty to substitute another person if it expresses difficulty in acting; the two nominee Arbitrators to appoint the Presiding Arbitrator; Arbitrators free to fix fees; proceedings to be conducted per the bye-laws of CDSL; copy of the order to be communicated to the nominee Arbitrator within one week; all contentions (including limitation) expressly kept open.