Shreeja Devcon Private Limited vs Only Retail Private Limited — Arbitration | Bombay HC (2026)

Shreeja Devcon Private Limited vs Only Retail Private Limited — Arbitration | Bombay HC (2026)

What the court decided

AI extract

Outcome

Constitution of the Arbitral Tribunal of a sole Arbitrator with consent of the parties: Ms. Janhavee Joshi, Advocate, appointed sole Arbitrator in all three Applications; copy of order to be communicated to the Arbitrator by the Applicants' advocates within one week; disclosure statement under Sections 11(8) and 12(1) within two weeks; parties to appear before the Arbitrator as directed; fees per the Bombay High Court (Fee Payable to Arbitrators) Rules, 2018, costs and fees borne equally and subject to the final Award; all rights and contentions on merits kept open.

Issue for consideration

Appointment of an Arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996 for adjudication of disputes and differences between the parties arising out of the Leave and License Agreement read with Space on Hire and Facility Agreement.

Ratio / Principle

Learned counsel for the Respondents fairly admitted existence of the arbitration agreement, and counsel for both rival parties requested constitution of the Arbitral Tribunal of a sole Arbitrator.

Key takeaways

Ms. Janhavee Joshi, an Advocate of this Court, is appointed as sole Arbitrator, with the consent of the parties.ratio¶31
The sole Arbitrator is to adjudicate upon the disputes and differences between the parties arising out of the concerned Leave and License Agreement read with Space on Hire and Facility Agreement.ratio¶31
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.

Detailed headnote1 paragraphs

High Court of Judicature at Bombay, Ordinary Original Civil Jurisdiction (Sandeep V. Marne, J.), 5 February 2026 — Commercial Arbitration Application Nos. 39, 41 and 42 of 2026, all by Shreeja Devcon Private Limited as Applicant, against (i) Vera Moda Retail Private Limited, (ii) ONLY Retail Private Limited and (iii) Best United India Comforts Pvt. Ltd. Applications filed under Section 11 of the Arbitration and Conciliation Act, 1996 for appointment of an Arbitrator for disputes arising out of the concerned Leave and License Agreement read with Space on Hire and Facility Agreement. During hearing, counsel for the Respondents fairly admitted existence of the arbitration agreement and both sides requested a sole-Arbitrator Tribunal. Accordingly, with consent of the parties, Ms. Janhavee Joshi, an Advocate of the Court, was appointed sole Arbitrator. Directions: copy of the order to be communicated to the Arbitrator by the Applicants' advocates within one week; the Arbitrator to forward the statutory Statement of Disclosure under Section 11(8) read with Section 12(1) of the Act within two weeks of receipt; parties to appear before the Arbitrator for conduct of arbitration including schedule of pleadings, hearings etc.; Arbitrator's fees as prescribed under the Bombay High Court (Fee Payable to Arbitrators) Rules, 2018, with arbitral costs and fees borne by the parties in equal portion and subject to the final Award. All rights and contentions on merits expressly kept open before the Tribunal. Applications disposed of. Note: order corrected vide order dated 9 February 2026.

26:BHC-OS:2

Megha 5 to 7_carap_39, 41, 42_2026_corrected.docx

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION

COMMERCIAL ARBITRATION APPLICATION NO.39 OF 2026

Shreeja Devcon Private Limited ...Applicant

V/s.

Vera Moda Retail Private Limited ...Respondent

WITH

COMMERCIAL ARBITRATION APPLICATION NO.41 OF 2026

Shreeja Devcon Private Limited ...Applicant

V/s.

ONLY Retail Private Limited ...Respondent

WITH COMMERCIAL ARBITRATION APPLICATION NO.42 OF 2026

Shreeja Devcon Private Limited ...Applicant

V/s.

Best United India Comforts Pvt. Ltd. ...Respondent

Ms. Insiya Kachwala i/b. M/s. MM Legal Associates for the Applicant.

Ms. Anaheeta Verma with Mr. Prayusha Dhodda i/b. M/s. DSK Legal for the Respondents.

CORAM: SANDEEP V. MARNE, J.

DATED: 5 FEBRUARY 2026.

P.C.:

These are Applications filed under Section 11 of the Arbitration and Conciliation Act, 1996 for appointment of Arbitrator for

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adjudication of disputes and differences between the parties arising out of Leave and License Agreement read with Space on Hire and Facility Agreement.

As the hearing of the Applications progressed, the learned counsel appearing for the Respondents, fairly admit existence of arbitration agreement. Both the learned counsel appearing for the rival parties request for constitution of Arbitral Tribunal of a sole Arbitrator.

Accordingly, with consent of the parties, following order is

passed:-

(A) Ms. Janhavee Joshi, an Advocate of this Court is appointed as sole Arbitrator to adjudicate upon the disputes and differences between the parties arising out of the concerned Leave and License Agreement read with Space on Hire and Facility Agreement. The contact details of the Arbitrator are as under :

Office Address :- Office No.6, Natwar Chambers, Nagindas Master Road, Opp. Limelight Store, Fort, Mumbai.

Mobile No. :- 9764596345

Email ID :- [email protected]

(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.

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(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 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.

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

With the above directions, the Applications are disposed of .

[SANDEEP V. MARNE, J.]

Note : This order is corrected vide order dated 9 February 2026.

Signed by: Megha S. Parab Designation: PA To Honourable Judge Date: 12/02/2026 11:24:35

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