Glider Buildcon Realtors Private Limited vs Vke Plumbing Private… — Arbitration | Bombay HC (2026)

Glider Buildcon Realtors Private Limited vs Vke Plumbing Private… — Arbitration | Bombay HC (2026)

What the court decided

AI extract

Outcome

Application allowed in terms of prayer clause (a): Ms. Shreya Jha appointed as sole Arbitrator (contact and chamber details recorded in the order); on upload of the order, counsel for the parties to jointly approach the Arbitrator to fix a schedule for arbitration; costs, charges and expenses of arbitration to be borne equally between the parties.

Issue for consideration

Whether a valid arbitration agreement exists between the Applicant and the Respondent and whether the dispute sought to be referred is arbitrable, such that a sole arbitrator should be appointed under Section 11 of the Arbitration and Conciliation Act, 1996.

Court's answer

The Court was prima facie satisfied that a valid arbitration agreement exists between the parties and that the dispute sought to be referred to arbitration is arbitrable.

Ratio / Principle

The application was held liable to be allowed and was accordingly allowed in terms of prayer clause (a), which sought appointment of a sole arbitrator.

Key takeaways

Ms. Shreya Jha was appointed to act as sole Arbitrator in the matter.ratio¶23

Detailed headnote1 paragraphs

Section 11, Arbitration and Conciliation Act 1996 application by Glider Buildcon Realtors Private Limited (Applicant) against Vke Plumbing Private Limited (Respondent), engaged as plumbing contractor for the 'Piramal Aranya' Wing (B) South Tower, Ram Bhau Bhogle Marg, Byculla (E) project under a Contract Agreement dated September 2021; the contractual dispute resolution mechanism (clause 8 of the Contract Agreement read with Section 24 of the General Conditions of the Contract) provides for arbitration. Alleging abandonment of the project by the Respondent, the Applicant invoked arbitration by notice dated 30 March 2024, which was received but not replied to. The Respondent, though served, did not enter appearance. Arif S. Doctor, J. was prima facie satisfied that a valid arbitration agreement existed and the dispute was arbitrable, allowed the application in terms of prayer clause (a), and appointed Ms. Shreya Jha as sole Arbitrator; the parties were directed to jointly approach the Arbitrator to fix the schedule, with arbitration costs, charges and expenses to be borne equally.

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

COMMERCIAL ARBITRATION APPLICATION NO. 267 OF 2024

Glider Buildcon Realtors Private Limited ...Applicant

Versus

Vke Plumbing Private Limited ...Respondent

Mr. Rubin Vakil a/w Sunil Gangan, Shrikant S. Swapnil Shikhale, Manav Chetwani i/b RMG Law Associates for Applicant.

_______ CORAM : ARIF S. DOCTOR, J. DATE : 16th FEBRUARY, 2026

P.C.

The captioned Arbitration Application is filed under the provisions of Section 11 of the Arbitration and Conciliation Act, 1996 and seeks the appointment of a sole Arbitrator in terms of the Contract Agreement dated September, 2021 read with Section 24 of the General Conditions of the Contract.

Heard Mr. Vakil, learned counsel for the Petitioner, who points out that

the Respondent has been served, despite which Respondent has not entered appearance.

Mr. Vakil then submits that the Applicant had been appointed the Respondent as a plumbing Contractor in respect of a residential project known as “Piramal Aranya” Wing (B) South Tower, Ram Bhau Bhogle Marg, Byculla (E). He submits that the Respondent had thereafter abandoned the said project and it

Areeb

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is thus the Applicant has invoked Arbitration by way of a notice dated 30 th March, 2024. Mr. Vakil points out that the said notice was duly received by the Respondent and was not replied to. He thus submits that the present Petition has been filed.

In these circumstances, Mr. Vakil then invited my attention to the dispute resolution clause, I have perused the same and the same provides for Arbitration.

Though the dispute resolution clause also provides for mediation at the level of the Managing Director or the Chief Executive Officer of the Petitioner and the Respondent.

Thus given the above, I am prima facie satisfied that there is valid Arbitration Agreement and the dispute which is sought to be referred to arbitration is arbitrable and the Respondent has not appeared to contend otherwise in my view would have to be allowed and is accordingly allowed in terms of prayer clause ‘a’, which reads thus:

“a) That this Hon'ble Court be pleased to pass necessary orders/directions and appoint the Sole Arbitrator under clause 8 of the Contract Agreement dated September 2021 read with section 24 of the General Condition of Contract under Section 11 of the Arbitration and Conciliation Act, 1996 to adjudicate and decide the disputes between the Applicant and the Respondent;"

I accordingly appoint Ms. Shreya Jha to act as sole Arbitrator in the matter. The details of Ms. Jha are as follows:

Name : Ms. Shreya Jha Contact : 7282934554

Areeb

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Email I.d. : [email protected] Address : C/o, Senior Advocate Naushad Engineer, Room No. 1-D, 1st Floor, Lentin Chambers, Dalal Street, Fort, Mumbai-400 001.

On a copy of this order being uploaded, the counsel for the parties shall jointly approach the Arbitrator to enable her to fix a schedule for Arbitration.

The costs, charges and expenses of Arbitration shall be borne equally between the parties.

[ARIF S. DOCTOR, J.]

Areeb