Siemens Financial Services Private Limited vs Rv Glass Industries through Sole Proprietor Vijay Dhameeja

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39 carbp 756.25 os.doc

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

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COMMERCIAL ARBITRATION PETITION NO.756 OF 2025

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Siemens Financial Services Private Limited ....Petitioner V/S R V Glass Industries through Vijay Dhameeja & Ors. ....Respondents WITH COMMERCIAL ARBITRATION APPLICATION NO.458 OF 2025 Siemens Financial Services Private Limited ....Petitioner V/S R V Glass Industries through Sole Proprietor Vijay Dhameeja & Anr. ....Respondents

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Ms. Riya Pichaya i/b Indialaw LLP for the Petitioner.

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Mr. Deepak Bhalerao, 2^nd Asstt. to Court Receiver present in Court.

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CORAM : SANDEEP V. MARNE, J. DATE : 1 APRIL 2026.

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P.C.:

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These are proceedings filed under Section 9 and Section 11 of the Arbitration and Conciliation Act, 1996 ( Arbitration Act ) for seeking interim measures and for appointment of Arbitrator for adjudication of disputes and differences between the parties that have arisen out of Agreement dated 2 February 2024.

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I have heard Ms. Riya Pichaya, the learned counsel appearing for the Petitioner/Applicant and have considered the submissions canvassed by her. None has appeared on behalf of Respondents despite being duly served with Court notices.

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It appears that this Court has already made interim measures in favour of the Petitioner/Applicant vide orders dated 12 September 2025 and 17 October 2025.

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The learned counsel for the Petitioner/Applicant submits that in pursuance of the orders dated 12 September 2025 and 17 October 2025, the Court Receiver took possession of the machinery. The Petitioner/Applicant has already sold the machinery and the Court Receiver has delivered possession of the machinery to the purchaser.

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In that view of the matter, there is no need to keep the present proceedings pending and the same can be disposed of by constituting an Arbitral Tribunal.

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6. Accordingly, I proceed to pass the following order:

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A) Ms. Aanchal Singhania, 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 referred to above. The contact details of the learned sole Arbitrator are as under:

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Office Address:C/o. Sanjay Jain, 502, Oval House, British Hotel Lane, Nagindas Master Road, Fort, Mumbai – 400 023. Mobile No.: 98817 23100. E-mail ID:[email protected]

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B) A copy of this order be communicated to the learned sole Arbitrator and to the Respondents by the Advocate for the Applicant/Petitioner within a period of one week from the date of uploading of this order. The Applicant/Petitioner 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 Arbitration Act to the parties within a period of two weeks from receipt of a copy of this order.

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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.

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E) The sole Arbitrator shall be entitled to the fees prescribed under the Bombay High Court (Fee Payable to Arbitrators) Rules,

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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.

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The Petitioner/Applicant shall be at liberty to press further interim measures before the Arbitral Tribunal.

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The Petitioner/Applicant to pay the charges of the Court Receiver within a period of one week from today.

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All contentions of the parties 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 Petition and Commercial Arbitration Application are allowed and disposed of. There shall be no order as to costs.

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(SANDEEP V. MARNE, J.)

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Digitally signed by SUDARSHAN SUDARSHAN RAJALINGAM RAJALINGAM KATKAM KATKAM Date: 2026.04.02 15:17:25 +0530

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katkam

Siemens Financial Services Private Limited v. Rv Glass Industries through Sole Proprietor Vijay Dhameeja

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Siemens Financial Services Private Limited v. Rv Glass Industries through Sole Proprietor Vijay Dhameeja

Case brief

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