Siemens Healthcare Private Limited vs M S M M Drugs and Pharma — Arbitration | Bombay HC (2026)

Siemens Healthcare Private Limited vs M S M M Drugs and Pharma — Arbitration | Bombay HC (2026)

What the court decided

AI extract

Outcome

Appointment of Ms. Janhavee Joshi, Advocate, as sole Arbitrator to adjudicate disputes arising out of the Distributorship Agreement dated 1 July 2024, with consequential directions on statutory disclosure, conduct of arbitration, arbitrator's fees and equal sharing of arbitral costs; all merits contentions kept open before the Arbitral Tribunal; no order as to costs.

Issue for consideration

Appointment of a sole arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996 to adjudicate the disputes and differences between the parties arising out of the Distributorship Agreement dated 1 July 2024.

Court's answer

With the consent of the parties, and following the Respondent's admission of the existence of the arbitration agreement, Ms. Janhavee Joshi, an Advocate of this Court, is appointed as sole Arbitrator to adjudicate the disputes and differences between the parties arising out of the Distributorship Agreement.

Ratio / Principle

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

Key takeaways

The sole Arbitrator shall be entitled to the fees prescribed under the Bombay High Court (Fee Payable to Arbitrators) Rules, 2018.ratio¶19
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.ratio¶19

Detailed headnote1 paragraphs

Arbitration and Conciliation Act, 1996 - Section 11 - Appointment of sole Arbitrator - Bombay High Court (OOCJ), Commercial Arbitration Application No. 94 of 2026, decided 6 April 2026 by Sandeep V. Marne, J. - Siemens Healthcare Private Limited v. M M Drugs and Pharma & Ors. - Application under Section 11 arising out of Distributorship Agreement dated 1 July 2024 - During the hearing, learned counsel for the Respondent fairly admitted existence of the arbitration agreement - With consent of parties, Ms. Janhavee Joshi, Advocate, appointed sole Arbitrator - Sole Arbitrator requested to forward statutory Statement of Disclosure under Section 11(8) read with Section 12(1) within two weeks - Arbitrator entitled to fees prescribed under Bombay High Court (Fee Payable to Arbitrators) Rules, 2018; arbitral costs and fees borne by parties in equal portion, subject to final Award - All contentions on merits expressly kept open before the Arbitral Tribunal - Application allowed and disposed of; no order as to costs.

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

COMMERCIAL ARBITRATION APPLICATION NO.94 OF 2026

Siemens Healthcare Private Limited ....Applicant V/S M M Drugs and Pharma & Ors. ....Respondents

Mr. Chetan H. Hadolikar with Ms. Pooja Dalvi for the Applicant.

Mr. Vidit D. Kumar with Mr. Ganesh Narula for Respondent Nos.1 to 3.

CORAM : SANDEEP V. MARNE, J. DATE : 6 APRIL 2026.

P.C.:

This is an Application filed under Section 11 of the Arbitration and Conciliation Act, 1996 ( the Arbitration Act ) arising out of Distributorship Agreement dated 1 July 2024. As the hearing of the Application progressed, Mr. Kumar, the learned counsel appearing for the Respondent fairly admits existence of arbitration agreement.

Accordingly, with the 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 Distributorship Agreement referred to above. The contact details of the learned sole Arbitrator are as under:

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Office Address:Office No.6, Natwar Chambers, Nagindas Master Road, Opp. Limelight Store, Fort, Mumbai. Mobile No.: 97645 96345. 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 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 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.

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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.

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: 2026.04.08 11:11:43 +0530

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