Gujarat Themis Biosyn Limited vs Optimus Drugs Private Limited — Arbitration | Bombay HC (2026)

Gujarat Themis Biosyn Limited vs Optimus Drugs Private Limited — Arbitration | Bombay HC (2026)

What the court decided

AI extract

Outcome

Appointment of Mr.Justice S. V. Gangapurwala, Former Chief Justice of Madras High Court, as sole Arbitrator for the disputes arising out of the Supply Agreement dated 8 September 2023.

Issue for consideration

Whether a sole Arbitrator should be appointed, under Section 11 of the Arbitration and Conciliation Act, for resolution of the disputes and differences between Gujarat Themis Biosyn Limited and Optimus Drugs Private Limited arising out of the Supply Agreement dated 8 September 2023.

Court's answer

With the consent of the parties, Mr.Justice S. V. Gangapurwala, Former Chief Justice of Madras High Court, was appointed as sole Arbitrator to adjudicate upon the disputes and differences between the parties arising out of the Supply Agreement dated 8 September 2023.

Key takeaways

As a consequential direction, the statutory Statement of Disclosure was to be forwarded by the sole Arbitrator under Section 11(8) read with Section 12(1) of the Act to the parties within 2 weeks of receipt of a copy of the order.obiter¶19
The fees of the sole Arbitrator were directed to be as prescribed under the Bombay High Court (Fee Payable to Arbitrators) Rules, 2018, with the arbitral costs and fees of the Arbitrator to be borne by the parties in equal portion and subject to the final Award passed by the Tribunal.obiter¶25
All rights and contentions of the parties were expressly kept open to be agitated before the Arbitral Tribunal.

Detailed headnote1 paragraphs

Commercial Arbitration Application No. 104 of 2026 (OOCJ, Bombay High Court) filed by Gujarat Themis Biosyn Limited under Section 11 of the Arbitration and Conciliation Act seeking appointment of an arbitrator for disputes with Optimus Drugs Private Limited arising out of a Supply Agreement dated 8 September 2023. Counsel for the Respondent fairly admitted the existence of the arbitration agreement and both sides jointly sought a sole arbitrator. With the parties' consent, Sandeep V. Marne, J., appointed Mr.Justice S. V. Gangapurwala, Former Chief Justice of Madras High Court, as sole Arbitrator; directed him to forward the statutory Statement of Disclosure under Section 11(8) read with Section 12(1) within 2 weeks; fixed his fees per the Bombay High Court (Fee Payable to Arbitrators) Rules, 2018 with arbitral costs and fees borne equally and subject to the final Award; kept all rights and contentions open before the Tribunal; and disposed of the Application on 08 April 2026.

2026:BHC-OS:9034

Renuka 27-CARAP-104-2026

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMMERCIAL ARBITRATION APPLICATION NO. 104 OF 2026

Gujarat Themis Biosyn Limited ...Applicant

V/s.

Optimus Drugs Private Limited ...Respondent

Mr. Aurup Dasgupta with Mr. Drshika Hemnani and Ms. Prapti Bhadra i/b Jhangiani Narula and Associates for Applicant.

Mr. Suvaankoor Das , for Respondent.

CORAM: SANDEEP V. MARNE, J. DATED: 08 APRIL 2026.

P.C.:

This is an Application filed under Section 11 of the Arbitration and Conciliation Act ( the Arbitration Act ) for appointment of arbitrator for resolution of disputes and differences between the parties arising out of Supply Agreement dated 8 September 2023.

Mr. Das, the learned counsel appearing for the Respondent fairly admits existence of Arbitration Agreement between the parties. Both the learned counsel jointly request for appointment of a sole Arbitrator for adjudication of disputes and differences between the parties.

Page No.1 of 3 08 April 2026

Renuka 27-CARAP-104-2026

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

(A) Mr.Justice S. V. Gangapurwala, Former Chief Justice of Madras High Court is appointed as sole Arbitrator to adjudicate upon the disputes and differences between the parties arising out of Supply Agreement dated 8 September 2023. The contact details of the Arbitrator are as under :

Office Address	: Near Porwal Bhawan Govardhan Giri Khara
	Kuwa, Kranti Chowk, Aurangabad-431001
Email id	: [email protected]
Contact No.	: 9545111995

(B) A copy of this order be communicated to the learned sole Arbitrator by the Advocates for the Applicant within a period of one week from the date of uploading of this order. The Applicant 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 him, to obtain appropriate direction with regard to conduct of the arbitration

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08 April 2026

Renuka 27-CARAP-104-2026

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.

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

1. With the above directions, the Application is disposed of.

[SANDEEP V. MARNE, J.]

Signed by: Renuka S Thakur Designation: PA To Honourable Judge Date: 09/04/2026 21:04:23

Page No.3 of 3 08 April 2026