King Transport Company vs Mahindra Logistics Limited — Arbitration | Bombay HC (2026)

King Transport Company vs Mahindra Logistics Limited — Arbitration | Bombay HC (2026)

What the court decided

AI extract

Outcome

Consent substitution of the sole Arbitrator: Mr. Rohan Sawant (appointed 19 December 2025) replaced by Mr. Mihir Naniwadekar as sole Arbitrator; ancillary directions issued regarding communication of the Order, statutory disclosure under Sections 11(8)/12(1) of the Arbitration and Conciliation Act, 1996, appearance before the Tribunal, and fees/costs per the Bombay High Court (Fee Payable to Arbitrators) Rules, 2018 shared equally.

Issue for consideration

Whether the sole Arbitrator earlier appointed by order dated 19 December 2025 should be substituted following his expressed inability to act, and whether Mr. Mihir Naniwadekar should be appointed as replacement sole Arbitrator with the consent of both parties.

Court's answer

With consent of the parties, the Arbitrator appointed by order dated 19 December 2025 (Mr. Rohan Sawant) is substituted by Mr. Mihir Naniwadekar, who is appointed as sole Arbitrator to adjudicate the disputes between the parties.

Ratio / Principle

The Learned Sole Arbitrator is requested to forward the statutory Statement of Disclosure under Section 11(8) read with Section 12(1) of the Arbitration and Conciliation Act, 1996 to the parties within two weeks from receipt of a copy of the Order.

Key takeaways

The Sole Arbitrator is entitled to fees prescribed under the Bombay High Court (Fee Payable to Arbitrators) Rules, 2018; arbitral costs and the Arbitrator's fees are to be borne by the parties in equal portion, subject to the final Award of the Tribunal.ratio¶¶32

Detailed headnote1 paragraphs

Arbitration Application — Substitution of Arbitrator by consent. The sole Arbitrator appointed by the Bombay High Court's order dated 19 December 2025 (Mr. Rohan Sawant) recused himself by email dated 24 December 2025, stating that he represented the group company of the Respondent in an ongoing dispute. On the joint request of both parties, the Court substituted him with Mr. Mihir Naniwadekar, Advocate, as sole Arbitrator. The Court directed the Petitioner to communicate the Order to the Arbitrator within one week; requested the Arbitrator to forward the statutory Statement of Disclosure under Section 11(8) read with Section 12(1) of the Arbitration and Conciliation Act, 1996 within two weeks; directed the parties to appear before the Tribunal; and held the Arbitrator entitled to fees under the Bombay High Court (Fee Payable to Arbitrators) Rules, 2018, with arbitral costs and fees borne by the parties equally, subject to the final Award. Coram: San deep V. Marne, J.; decided 06 January 2026.

Megha p1_arbap_470_2025.docx

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION

ARBITRATION APPLICATION NO.470 OF 2025

King Transport Company

...Applicant

V/s.

Mahindra Logistics Ltd.

...Respondent

______________ Mr. Lokesh Pawaskar with Mr. Abhinav Mathur i/b. M/s. Chir Amrit Legal LLP. for the Applicant.

Mr. Devesh Sawant i/b. M/s. Vivek Patil & Associates for the Respondents.

CORAM: SANDEEP V. MARNE, J.

DATED: 06 JANUARY 2026.

P.C.:

Mentioned. Not on board. At the joint request of the learned counsel appearing for the parties, taken on board.

By order dated 19 December 2025 this Court appointed Mr. Rohan Sawant, a practising Advocate in this Court as sole Arbitrator to adjudicate upon the disputes and differences between the parties. By email dated 24 December 2025 the appointed Arbitrator has expressed inability to act as Arbitrator on account of his representing the group company of the Respondent in an ongoing dispute.

Page No. 1 of 3

6 January 2026

Megha p1_arbap_470_2025.docx

Both the parties have accordingly made a joint request for substitution of the Arbitrator.

Both the parties have jointly requested for appointment of Mr. Mihir Naniwadekar, an Advocate practising in this Court, for being appointed as sole Arbitrator.

Accordingly, with consent of the parties following order is passed:

(A) The Arbitrator appointed by order dated 19 December 2025 is substituted by the name of Mr. Mihir Naniwadekar, whose contact details are as under:-

Office Address:- 812, Embassy Centre, Jamnalal Bajaj

Marg, Nariman Point, Mumbai-400 021

Email ID:- [email protected]

(B) A copy of this Order will be communicated to the Learned Sole Arbitrator by the Advocates for the Petitioner within a period of one week from the date on which this order is uploaded on the website of this Court. The Petitioner shall provide the contact and communication particulars of the parties to the Arbitral Tribunal along with 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 Arbitration and Conciliation Act, 1996 to the parties within a period of two weeks from receipt of a copy of this Order;

Page No. 2 of 3

6 January 2026

Megha p1_arbap_470_2025.docx

(D) The parties shall appear before the Arbitral Tribunal on such date and at such place as indicated and shall 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 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.

[SANDEEP V. MARNE, J.]

Signed by: Megha S. Parab Designation: PA To Honourable Judge Date: 07/01/2026 20:26:32

Page No. 3 of 3 6 January 2026