Sapna Rajesh Agarwal vs Expertrons Technologies Pvt. Ltd. — Arbitration | Bombay HC (2026)

Sapna Rajesh Agarwal vs Expertrons Technologies Pvt. Ltd. — Arbitration | Bombay HC (2026)

What the court decided

AI extract

Outcome

Appointment of Ms. Yogita Deshmukh Chitnis as sole Arbitrator to adjudicate the disputes and differences between the parties; the Arbitration Petition was disposed of with all rights and contentions of the parties kept open before the Arbitral Tribunal.

Issue for consideration

Whether interim measures under Section 9 of the Arbitration and Conciliation Act, 1996 should be granted to the Petitioner before commencement of arbitral proceedings. +1 more

Ratio / Principle

In view of the consensus prevailing between the parties — the Petitioner being willing to avail the Section 17 remedy before the Tribunal and the Respondent confirming the existence of the arbitration agreement with no objection to constitution of the Tribunal — the Court proceeded to constitute the Arbitral Tribunal.

Key takeaways

Ms. Yogita Deshmukh Chitnis is appointed as sole Arbitrator to adjudicate upon the disputes and differences between the parties.ratio¶22
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 the order.ratio¶26
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.

Detailed headnote1 paragraphs

Arbitration Petition No. 635 of 2025 (High Court of Judicature at Bombay, Ordinary Original Civil Jurisdiction; SANDEEP V. MARNE, J.; dated 10 February 2026) — Sapna Rajesh Agarwal v. Expertrons Technologies Pvt. Ltd. A Section 9 Arbitration and Conciliation Act, 1996 petition seeking interim measures before commencement of arbitral proceedings. As hearing progressed, the Petitioner's counsel submitted that, if the Arbitral Tribunal is constituted, the Petitioner is willing to avail the Section 17 remedy before the Tribunal, and the Respondent's counsel confirmed that an arbitration agreement exists and raised no objection to constitution of the Tribunal. On this consensus, the Court appointed Ms. Yogita Deshmukh Chitnis as sole Arbitrator, directed her to forward the statutory Statement of Disclosure under Section 11(8) read with Section 12(1) of the Act within 2 weeks of receipt of the order, prescribed her fees under the Bombay High Court (Fee Payable to Arbitrators) Rules, 2018 with arbitral costs and fees borne equally by the parties and subject to the final Award, expressly kept all rights and contentions of the parties open before the Arbitral Tribunal, and disposed of the petition.

Neeta Sawant 37-ARBP--635-

2025.docx

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

ARBITRATION PETITION NO. 635 OF 2025

Sapna Rajesh Agarwal

…..PETITIONER

: VERSUS :

Expertrons Technologies Pvt. Ltd.

….RESPONDENT

Ms. Surabhi Agrawal i/b. Mr.Akshay Kapadia, for the Petitioner.

Mr. Amruta A. Kundap, for the Respondent.

CORAM : SANDEEP V. MARNE, J.

DATED : 10 FEBRUARY, 2026.

P.C. :

1) This is a petition filed under Section 9 of the Arbitration and Conciliation Act, 1996 (Arbitration Act) for seeking interim measures before commencement of arbitral proceedings.

2) As hearing of the petition progressed, Ms.Agrawal, the learned counsel appearing for the Petitioner submits that if Arbitral Tribunal is constituted, Petitioner is willing to avail the remedy under Section 17 of the Act before the Tribunal. Ms.Kundap, the learned counsel appearing for the Respondent, fairly submits that, there exists arbitration agreement between the parties and that the Respondent has no objection for constitution of the Arbitral Tribunal. In view of the

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consensus prevailing between the parties, I proceed to pass the following order :

(A) Ms.Yogita Deshmukh Chitnis is appointed as sole Arbitrator to adjudicate upon the disputes and differences between the parties. The contact details of the Arbitrator are as under :

Office Address : - Flat No.1,D-3A Wing, Gagangiri Krupa Bldg, Sahyadri Nagar, Kandivali (W), Mumbai-400 067.

Email ID :- [email protected] Mobile No.:- 97020 44133

(B) A copy of this order be communicated to the learned sole Arbitrator by the Advocate 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.

(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

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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.

3) All rights and contentions of the parties are expressly kept open to be raised before the Arbitral Tribunal.

4) With the above directions, the Arbitration Petition is disposed of.

[SANDEEP V. MARNE, J.]

Digitally signed by NEETA NEETA SHAILESH SHAILESH SAWANT SAWANT Date: 2026.02.11 09:36:58 +0530

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