Anand Consultant Services vs Emproy Hospitality LLP — Arbitration | Bombay HC (2026)

Anand Consultant Services vs Emproy Hospitality LLP — Arbitration | Bombay HC (2026)

What the court decided

AI extract

Outcome

Appointment of Mr. Anurag Jain, Advocate, as sole Arbitrator to adjudicate the disputes and differences between the parties arising out of the Agreement; the Commercial Arbitration Application is allowed and disposed of, with no order as to costs.

Issue for consideration

Whether an Arbitrator should be appointed under Section 11 of the Arbitration and Conciliation Act, 1996 to adjudicate the disputes and differences between the parties arising out of the Agreement.

Court's answer

With the consent of the parties, Mr. Anurag Jain, an Advocate of this Court, is appointed as sole Arbitrator to adjudicate upon the disputes and differences between the parties arising out of the Agreement.

Ratio / Principle

The sole Arbitrator is entitled to fees prescribed under the Bombay High Court (Fee Payable to Arbitrators) Rules, 2018; the arbitral costs and fees of the Arbitrator are to be borne by the parties in equal portion, subject to the final Award.

Key takeaways

All contentions on merits are expressly kept open to be agitated before the Arbitral Tribunal appointed by this order.obiter¶20

Detailed headnote1 paragraphs

Arbitration and Conciliation Act, 1996 — Section 11 application for appointment of Arbitrator — Respondent's counsel fairly admitted existence of arbitration clause in the Agreement and requested constitution of the Arbitral Tribunal — With the consent of the parties, Mr. Anurag Jain, an Advocate of this Court, appointed as sole Arbitrator to adjudicate the disputes and differences between the parties arising out of the Agreement — Copy of order to be communicated to the sole Arbitrator by the Applicant's Advocate within one week of uploading — Sole Arbitrator to forward statutory Statement of Disclosure under Section 11(8) read with Section 12(1) of the Arbitration Act within two weeks of receipt of copy of order — Parties to appear before the sole Arbitrator for directions on conduct of arbitration including schedule for pleadings, examination of witnesses and hearings — Sole Arbitrator entitled to fees prescribed under the Bombay High Court (Fee Payable to Arbitrators) Rules, 2018; arbitral costs and fees of the Arbitrator to be borne by the parties in equal portion, subject to the final Award — All contentions on merits expressly kept open to be agitated before the Arbitral Tribunal — Commercial Arbitration Application allowed and disposed of; no order as to costs (Sandeep V. Marne, J.; 04 March 2026).

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

COMMERCIAL ARBITRATION APPLICATION NO.32 OF 2026

Anand Consultant Services V/S Emproy Hospitality LLP

....Applicant

....Respondent

Mr. Akshay D. Shukla with Mr. Anand Tiwari for the Applicant. Mr. Abdul Rehman i/b Ms. Pallavi More for Respondent.

CORAM : SANDEEP V. MARNE, J. DATE : 04 MARCH 2026.

P.C.:

This is an Application filed under Section 11 of the Arbitration and Conciliation Act, 1996 ( Arbitration Act ) for appointment of an Arbitrator for adjudication of disputes and differences between the parties arising out of the Agreement. As the hearing of the Application progressed, Mr. Rehman, the learned counsel appearing for Respondent fairly admits existence of arbitration clause in the Agreement. He requests for constitution of Arbitral Tribunal.

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

A) Mr. Anurag Jain, an Advocate of this Court is appointed as sole Arbitrator to adjudicate upon the disputes and differences between the parties arising out of the Agreement. The contact details of the learned sole Arbitrator are as under:

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Mobile No.: 98337 59856. E-mail ID:[email protected]

B) A copy of this order be communicated to the learned sole Arbitrator by the Advocate 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 Arbitration Act to the parties within a period of two 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 including fixing a schedule for pleadings, examination of witnesses, if any, schedule of hearings etc.

E) The sole Arbitrator shall be entitled to the fees 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.

All contentions on merits are expressly kept open to be agitated before the Arbitral Tribunal appointed as above.

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With the above directions, Commercial Arbitration Application is allowed and disposed of. There shall be no order as to costs.

(SANDEEP V. MARNE, J.)

Digitally signed by SUDARSHAN SUDARSHAN RAJALINGAM RAJALINGAM KATKAM KATKAM Date: 2026.03.05 10:45:49 +0530

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