Rafique Md. Husain Tinwala vs Abdul Rahim Suleman Ghaswala and 8 Ors.

These are the proceedings filed under Sections 9 and 11 of the Arbitration and Conciliation Act, 1996 (the Arbitration Act ) for interim measures and for constitution of Arbitral Tribunal.

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Page No. 1 of 4 20 January 2026

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Megha 3_arbap_234_25 & arbp_360_25.docx

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I have heard Mr. Rebello, the learned counsel appearing for the Applicant/Petitioner.

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Though the Respondents have appeared in the proceedings and some of them have filed affidavits-in-reply, there has been non-appearance on the part of the Respondents on 8 January 2026 and 17 January 2026. Today again, none has appeared on behalf of the Respondents. Considering the nature of order that I propose to pass in the Application /Petition, it is not necessary to defer hearing of the present proceedings awaiting appearance on behalf of the Respondents.

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Perusal of the Deed of Partnership dated 16 August 2005 would indicate that there is arbitration clause No.12. Thus, there is express agreement for arbitration between the Applicant and the Respondent Nos.1 to 6. Whether Respondent Nos.7 to 9 can be made party to arbitral proceedings, is something which can be decided by the Arbitral Tribunal.

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In my view, therefore, it would be just and proper to constitute arbitral Tribunal for adjudication of disputes and differences arisen between the Petitioner and Respondent Nos.1 to 6. It would be for the Petitioner to justify impleadment of Respondent Nos.7 to 9 as parties to the arbitral proceedings before the Arbitral Tribunal.

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I accordingly, proceed to pass the following order:-

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Page No. 2 of 4

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20 January 2026

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Megha 3_arbap_234_25 & arbp_360_25.docx

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(A) Ms. Savita S. Ganoo, an Advocate of this Court is appointed as Sole Arbitrator to adjudicate upon the disputes and differences between the parties arising out of Deed of Partnership dated 16 August 2005. The contact details of the Arbitrator are as under :

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Office Address :- Office No.19, first floor, Rohit Chambers, Janmabhoomi Marg, Fort, Mumabi-400 001.

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Mobile No. :- 9820450243

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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 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.

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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 fees of the sole Arbitrator shall be as prescribed under the Bombay High Court (Fee Payable to Arbitrators) Rules, 2018

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Page No. 3 of 4

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20 January 2026

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Megha 3_arbap_234_25 & arbp_360_25.docx

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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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Liberty is granted to the Petitioner to convert Arbitration Petition No.360 of 2025 as proceedings under Section 17 of the Arbitration Act before the Arbitral Tribunal.

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It is clarified that in case Petitioner impleads Respondent Nos.7 to 9 to the arbitral proceedings, the issue of their impleadment is left open to be decided by the arbitral Tribunal on its own merits.

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

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With the above directions, the Application and Petition are disposed of .

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With the disposal of the Petition, nothing survives in the Interim Application and the same stands 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: 22/01/2026 20:50:40

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Page No. 4 of 4 20 January 2026

Rafique Md. Husain Tinwala v. Abdul Rahim Suleman Ghaswala and 8 Ors.

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Rafique Md. Husain Tinwala v. Abdul Rahim Suleman Ghaswala and 8 Ors.

Case brief

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