Disposed

Gunvanti Ramesh Shah v. Nine Globe Builders

Bombay HC28 Jan 2026CARAP/8/2024

Case brief

AI extract

What is this about?

Bombay High Court Commercial Division arbitration-appointment ruling dated 28 January 2026 by Justice Arif S. Doctor: sole arbitrator Mr.Janay Jain appointed for Gunvanti R. Shah & Ors. v. Nine Globe Builders & Ors. under Clause No.14 of the Supplemental Deed to the Deed of Development Agreement (clause cites the Arbitration and Conciliation Act, 1996); appointment made despite Respondent Nos.2 an

What did the court decide?

Both Applications disposed of in the aforesaid terms: Mr.Janay Jain appointed Sole Arbitrator (to file disclosure affidavit within one week); Section 9 Application (Commercial Arbitration Application

Gunvanti Ramesh Shah Vs Nine Globe Builders — Arbitration | Bombay HC (2026)

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vai

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VASANT ANANDRAO IDHOL

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Digitally signed by VASANT ANANDRAO IDHOL Date: 2026.01.30 10:38:21 +0530

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

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COMMERCIAL ARBITRATION APPLICATION NO.8 OF 2024

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Gunvanti R. Shah & Ors. …Applicants

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V/s. Nine Globe Builders & Ors. ...Respondents

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WITH COMMERCIAL ARBITRATION PETITION NO.14 OF 2023

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Gunvanti R. Shah & Ors. …Petitioners V/s. Nine Globe Builders & Ors. ...Respondents

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Mr.Dhruva Gandhi with Mr.Chirag Hathiramani i/b Mr.Yogesh Devnani for the Applicants / Petitioners.

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Adv.Mehernaz Contractor i/b Bafna Law Associates for Respondent Nos.1 and 3.

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Ms.Pooja Yadav for the BMC – Respondent (through V.C.)

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CORAM : ARIF S. DOCTOR, J. DATE : 28TH JANUARY, 2026.

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P.C. :-

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The Applicants by way of this Application seeks

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appointment of an Arbitrator. The disputes and differences that have arises are out of the Deed of Development Agreement and Deed of Supplement to Development Agreement. Learned counsel points out that the arbitration clause is contained in Clause No.14 of the Supplemental Deed, which reads thus :-

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“14. Any dispute or difference arising between the parties out of this Agreement or any terms and conditions of this Agreement shall, if not settled by agreement, be referred to the arbitral tribunal consisting of sole arbitrator, in accordance with the provisions of the Arbitration and Conciliation Act, 1996.”

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Learned counsel appearing on behalf of the

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Respondents does not dispute the execution of the agreement nor the arbitration clause.

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Learned counsel points out that by an order dated 26^th March, 2024, notice was issued to the Respondents. He submits that all the Respondents have been served pursuant to the said notice. The report records this. In any view, learned counsel submits that Respondent Nos.2 to 4 are partners of the first

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Respondent Firm and the agreements in question have been entered into by the first Respondent Firm in the usual course of business and given that Respondent No.1 Firm is today represented and is not opposing the appointment of an Arbitrator. The fact that Respondent Nos.2 and 4 are not present, should not detain the Court from proceeding to appoint an Arbitrator. Having due regard to the submissions made and having noted that the learned counsel appearing for Respondent No.1 has consented to the appointment of an Arbitrator, I appoint Mr.Janay Jain, as the Sole Arbitrator. The details of Mr.Janay Jain are as follows :-

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Mr.Janay Jain, Address : 4^th Floor, Gundecha Chambers, Nagindas Master Road, Fort, Mumbai, Email ID : [email protected], Mobile No.98209 92156.

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Learned Arbitrator shall file disclosure affidavit within

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one week.

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Section 9 Application bearing Commercial Arbitration Application No.14 of 2023 shall be converted and treated as an Application under Section 17 of the Arbitration & Conciliation

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Act.

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Both Applications are disposed off in the aforesaid

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terms.

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(ARIF S. DOCTOR, J.)

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Gunvanti Ramesh Shah v. Nine Globe Builders

Case brief

What is this about?

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Gunvanti Ramesh Shah v. Nine Globe Builders

Case brief

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