Goldmines Telefilms Pvt. Ltd. vs Sri Venkateshwara Creations — Arbitration | Bombay HC (2026)

Goldmines Telefilms Pvt. Ltd. vs Sri Venkateshwara Creations — Arbitration | Bombay HC (2026)

What the court decided

AI extract

Outcome

Application allowed and disposed of: Mr. Abhishek Karnik, Advocate, appointed Sole Arbitrator for disputes arising out of the Franchise Agreement referred to above; statutory Statement of Disclosure under Section 11(8) read with Section 12(1) to be forwarded within 2 weeks; arbitrator's fees as per Bombay High Court (Fee Payable to Arbitrators) Rules, 2018, costs borne equally by parties subject to final Award; parties at liberty to settle before the Arbitrator; all rights and contentions on merits kept open.

Issue for consideration

Whether, given the arbitration clause (Clause-8) in the Deed of Cancellation dated 17 August 2024, which the Respondent does not dispute, and the failure of settlement efforts, the Court should constitute an Arbitral Tribunal for adjudication of the parties' disputes under Section 11 of the Arbitration and Conciliation Act. +1 more

Court's answer

The Respondent does not dispute the existence of the arbitration clause but had sought settlement; since the Respondent made no settlement offer despite the opportunity granted on 3 February 2026, it is just and proper to constitute the Arbitral Tribunal for adjudication of the disputes and differences between the parties.

Ratio / Principle

Mr. Abhishek Karnik, an Advocate of the Court, is appointed as Sole Arbitrator to adjudicate upon the disputes and differences between the parties arising out of the Franchise Agreement referred to above.

Key takeaways

The learned sole Arbitrator is requested to first explore the possibility of settlement between the parties before giving directions for completion of pleadings.obiter¶¶30
All rights and contentions of the parties on merits are expressly kept open to be agitated before the Arbitral Tribunal.obiter¶¶31

Detailed headnote1 paragraphs

High Court of Judicature at Bombay (OOCJ), Commercial Arbitration Application 685 of 2025, decided 16 February 2026 by Sandeep V. Marne, J.: Goldmines Telefilms Pvt. Ltd. v. Sri Venkateshwara Creations — Section 11, Arbitration and Conciliation Act application concerning disputes under a Deed of Cancellation dated 17 August 2024 bearing a Clause-8 arbitration clause contemplating three arbitrators, with a sole-arbitrator tribunal sought in view of the claim value. The Respondent did not dispute the clause but sought settlement; a settlement opportunity given on 3 February 2026 yielded no offer from the Respondent, whereupon the Court held constitution of the Arbitral Tribunal just and proper and appointed Mr. Abhishek Karnik, Advocate, as Sole Arbitrator for disputes arising out of the Franchise Agreement referred to above, directing disclosure under S.11(8) r/w S.12(1) within two weeks, fees per Bombay High Court (Fee Payable to Arbitrators) Rules, 2018 shared equally, encouragement of settlement before completion of pleadings, and express keeping open of all rights and contentions on merits. Application allowed and disposed of.

Neeta Sawant 24-CARAP--685-2025.docx

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION

COMMERCIAL ARBITRATION APPLICATION 685 OF 2025

Goldmines Telefilms Pvt. Ltd.

…..Applicant

: Versus :

Sri Venkateshwara Creations ….Respondent

Mr. Aurup Dasgupta with Ms. Drshika Hemnani & Ms. Prapti Bhadra i/b Jhangiani Narula & Associates for Applicant.

Mr. Mukul Bhagtani with Ms. Sneha Nanandkar and Michelle D’silva i/b ANM Global for the Respondent.

CORAM : SANDEEP V. MARNE, J.

DATED : 16 FEBRUARY2026.

P.C :

This is an application filed under Section 11 of the Arbitration and Conciliation Act for resolution of disputes and differences arising between the parties under the Deed of Cancellation dated 17 August 2024. Perusal of the Deed of Cancellation would indicate arbitration clause at Clause-8. The arbitration clause contemplates appointment of three arbitrators. However, considering the value of claim raised by the applicant, it is requested that the tribunal comprising of a sole arbitrator be appointed.

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Learned counsel for the Respondent, though does not dispute existence of arbitration clause, submits that there is possibility of settlement between the parties. However on 3 February 2026, an opportunity was granted to the parties to settle the dispute. It is however reported today that the Respondent has not given any offer to the Applicant for settlement of disputes. In that view of the matter, it would be just and proper to constitute the Arbitral Tribunal for adjudication of disputes and differences arising between the parties.

3) I accordingly proceed to pass the following order :

(A) Mr. Abhishek Karnik, an Advocate of this Court is hereby appointed as Sole Arbitrator to adjudicate upon the disputes and differences between the parties arising out of an Franchise Agreement referred to above. The contact details of the Arbitrator are as under :

Ofce Address : fi - C/o Dr. Birendra Saraf, 302, Oval House, British Hotel Lane, Off. Nagindas Master Road, Fort, Mumbai - 400001

Email ID :- [email protected]

(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 upload 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 Act to the parties within a period of 2 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 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 proportion and shall be subject to the final Award that may be passed by the Tribunal

The parties would be at liberty to make an attempt to settle the disputes before the Arbitrator. The learned sole Arbitrator is requested to first explore the possibility of settlement before giving directions for completion of pleadings.

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 Application is allowed and disposed of.

NEETA SHAILESH SAWANT

[SANDEEP V. MARNE, J.]

Digitally signed by NEETA SHAILESH SAWANT Date: 2026.02.18 08:54:51 +0530

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