Maqsood Badruddin Undre vs Iqbal Hassan Ahmed Mapkar — Arbitration | Bombay HC (2026)

Maqsood Badruddin Undre vs Iqbal Hassan Ahmed Mapkar — Arbitration | Bombay HC (2026)

What the court decided

AI extract

Outcome

Constitution of an Arbitral Tribunal with Ms. Aneesa Cheema, Advocate, appointed as sole Arbitrator for the disputes arising out of the Partnership Deed dated 27 September 2017; Arbitrator to forward Statement of Disclosure under Section 11(8) read with Section 12(1) within 2 weeks; fees per the Bombay High Court (Fee Payable to Arbitrators) Rules, 2018, borne by the parties in equal portion subject to the final Award; parties at liberty to seek interim measures under Section 17; both Petitions disposed of and Interim Application No.6058 of 2025 stands disposed of.

Issue for consideration

Whether an Arbitral Tribunal should be constituted of a sole Arbitrator to adjudicate the disputes and differences between the parties arising out of the Partnership Deed dated 27 September 2017. +1 more

Court's answer

Considering the facts and circumstances of the case, it would be just and appropriate to constitute an Arbitral Tribunal of a sole Arbitrator before whom parties can seek appropriate interim measures under Section 17 of the Arbitration Act.

Ratio / Principle

Ms. Aneesa Cheema, an Advocate of this Court, is appointed as sole Arbitrator to adjudicate upon the disputes and differences between the parties arising out of Partnership Deed dated 27 September 2017.

Key takeaways

The parties are at liberty to seek interim measures before the Arbitral Tribunal under Section 17 of the Arbitration Act, which shall be decided by the learned Arbitrator on its own merits.ratio¶22
All rights and contentions of the parties are expressly kept open to be agitated before the Arbitral Tribunal appointed as above.ratio¶23

Detailed headnote1 paragraphs

Cross Section 9 petitions (Arbitration Petition No.355 of 2025 with Interim Application No.6058 of 2025, and Arbitration Petition (L) No.3708 of 2026) were filed by Maqsood Badruddin Undre and Iqbal Hassan Ahmed Mapkar & Anr. against each other seeking interim measures in respect of disputes arising out of a Partnership Deed dated 27 September 2017; the existence of the arbitration agreement was not disputed. Sandeep V. Marne, J. held it just and appropriate to constitute an Arbitral Tribunal of a sole Arbitrator and appointed Ms. Aneesa Cheema, Advocate of the Bombay High Court, as sole Arbitrator. The Arbitrator was requested to forward the statutory Statement of Disclosure under Section 11(8) read with Section 12(1) of the Act within 2 weeks; her fees are as prescribed under the Bombay High Court (Fee Payable to Arbitrators) Rules, 2018, with arbitral costs and fees borne by the parties in equal portion, subject to the final Award. The parties were left at liberty to seek interim measures before the Arbitral Tribunal under Section 17, to be decided on their own merits, and all rights and contentions were expressly kept open. Both Petitions were disposed of, and Interim Application No.6058 of 2025 stood disposed of as nothing survived in it.

Megha 30_arbp_355_2025.docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO.355 OF 2025 WITH INTERIM APPLICATION NO.6058 OF 2025 IN ARBITRATION PETITION NO.355 OF 2025 Maqsood Badruddin Undre ...Petitioner V/s. Iqbal Hassan Ahmed Mapkar ...Respondent WITH ARBITRATION PETITION (L) NO.3708 OF 2026 Iqbal Hassan Ahmed Mapkar and Anr. ...Petitioners V/s. Maqsood Badruddin Undre ...Respondents

Mr. Sanjay N. Dhadam for the Petitioner in ARBP/355 /2025.

Mr. Prashant Malik with Ms. Nidhi Pawar for the Respondent in ARBP/355/2025

CORAM: SANDEEP V. MARNE, J. DATED: 2 FEBRUARY 2026.

P.C.:

Arbitration Petition (L) No.3708 of 2026 is not on board. At

the request of the learned counsel appearing for the Petitioner, the same is taken on board.

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These are cross Petitions filed under Section 9 of the Arbitration and Conciliation Act, 1996 for seeking interim measures in respect of the disputes and differences between the parties arising out of Partnership Deed dated 27 September 2017. The fact that both the parties have filed proceedings for seeking interim measures, existence of arbitration agreement is not disputed.

Considering the facts and circumstances of the case, it would be just and appropriate to constitute Arbitral Tribunal of a sole Arbitrator before whom parties can seek appropriate interim measures under Section 17 of the Arbitration Act.

Accordingly, I proceed to pass the following order:-

(A) Ms. Aneesa Cheema, an Advocate of this Court is appointed as sole Arbitrator to adjudicate upon the disputes and differences between the parties arising out of Partnership Deed dated 27 September 2017. The contact details of the Arbitrator are as under :

Office Address :- C/o. Adv. Mayur Khandeparkar, 201/202, 2^nd Floor, Hamam House, Fort- 400 001. Email ID :[email protected]

(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.

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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.

(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.

Parties would be at liberty to seek interim measures before the Arbitral Tribunal under Section 17 of the Arbitration Act, which shall be decided by the learned Arbitrator on its own merits.

All rights and contentions of the parties are expressly kept open to be agitated before the Arbitral Tribunal appointed as above.

With the above directions, both the Petitions are disposed of.

With disposal of the Petition, nothing survives to be adjudicated in the Interim Application and the same stands disposed of.

[SANDEEP V. MARNE, J.]

Signed by: Megha S. Parab Designation: PA To Honourable Judge Date: 03/02/2026 18:12:42

Page No. 3 of 3 2 February 2026