Pratibha Industries Ltd. vs Propel Developers Private Limited — Bombay HC (2026) — LawSathi Research

Pratibha Industries Ltd. vs Propel Developers Private Limited — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Precipe allowed in terms of the operative directions: Mr. Ranjeev Carvalho appointed as Substituted Arbitrator; consequential directions issued (communication of the order to the arbitrator within one week; statutory disclosure under Section 11(8) read with Section 12(1) within two weeks; appearance before the arbitrator; fees per the Bombay High Court (Fee Payable to Arbitrators) Rules, 2018 borne equally, subject to the final Award); application disposed of.

Issue for consideration

Whether, upon the resignation of the previously appointed arbitrator, a substituted arbitrator should be appointed in modification of the order dated 20 January 2026.

Court's answer

With the resignation of the learned arbitrator, his mandate has ended; it is therefore necessary to substitute the Arbitrator.

Ratio / Principle

Mr. Ranjeev Carvalho, Advocate of this Court, is appointed as Substituted Arbitrator for adjudication of the disputes and differences between the parties arising out of Agreement dated 30 April 2012.

Key takeaways

The learned sole Arbitrator is to forward the statutory Statement of Disclosure under Section 11(8) read with Section 12(1) of the Act to the parties within 2 weeks of receipt of a copy of the order.ratio¶20
Fees of the sole Arbitrator shall be as prescribed under the Bombay High Court (Fee Payable to Arbitrators) Rules, 2018; arbitral costs and fees of the Arbitrator shall be borne by the parties in equal portion and are subject to the final Award.ratio¶25

Detailed headnote1 paragraphs

Bombay High Court, Ordinary Original Civil Jurisdiction (Commercial Arbitration Application No. 64 of 2026, Sandeep V. Marne, J., 08 April 2026; corrected vide order dated 15 April 2026): On a precipe by the petitioner seeking modification of the order dated 20 January 2026 for substituting the name of the Arbitrator, the Court noted the learned arbitrator's resignation by e-mail dated 25 March 2026 and held that with the resignation the arbitrator's mandate had ended, making substitution necessary. Mr. Ranjeev Carvalho, Advocate, was appointed as Substituted Arbitrator for adjudication of disputes and differences between Pratibha Industries Ltd and Propel Developers Private Limited arising out of the Agreement dated 30 April 2012. Directions: copy of the order to be communicated to the arbitrator within one week; statutory Statement of Disclosure under Section 11(8) read with Section 12(1) of the Act within two weeks; parties to appear before the arbitrator for conduct of the arbitration; fees as prescribed under the Bombay High Court (Fee Payable to Arbitrators) Rules, 2018, with arbitral costs and fees borne equally by the parties, subject to the final Award. Application disposed of.

Renuka 1-CARAP-64-2025_corrected

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

COMMERCIAL ARBITRATION APPLICATION NO. 64 OF 2026

Pratibha Industries Ltd VS

...Petitioner

V/s.

Propel Developers Private Limited

...Respondent

Mr. Kunal Naik i/b Mr. Ashwin Shankar with, for Applicant.

Mr. Vishal Pattabiraman with Ms. Manasi Joglekar and Ms. Sushmita Das i/b Wadia Ghandy and Co., for Respondent.

CORAM: SANDEEP V. MARNE, J. DATED: 08 APRIL 2026.

P.C.:

A precipe is moved for modification of order dated 20 January 2026 for substituting the name of the Arbitrator. My attention is drawn to e-mail dated 25 March 2026 of the learned arbitrator which indicates that the learned arbitrator has resigned. With the resignation by the learned arbitrator, his mandate has ended. Therefore, it is necessary to substitute the Arbitrator.

Accordingly, I proceed to pass following order:-

Page No.1 of 3 08 April 2026

Renuka 1-CARAP-64-2025_corrected

(A) Mr. Ranjeev Carvalho, Advocate of this Court is appointed as Substituted Arbitrator for adjudication of disputes and differences between the parties arisen out of Agreement dated 30 April 2012.

Office Address	: 501-502, Shanti Chamber, Cawasji Patel Street, Fort, Mumbai 400001
Email id	: [email protected]
Contact No.	: 9004104918

(B) A copy of this order be communicated to the learned sole Arbitrator by the Advocates for the Petitioner within a period of one week from the date of uploading of this order. The Petitioner 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 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 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.

Page No.2 of 3

08 April 2026

Renuka 1-CARAP-64-2025_corrected

(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.

1. With the above directions Application is disposed of .

[SANDEEP V. MARNE, J.]

Note: This order is corrected vide order dated 15 April 2026.

Page No.3 of 3 08 April 2026