Authority: High Court of Judicature at Bombay
Order Date: 10 September 2026
Case Overview
- Application No. 395 of 2026 filed by Acme Housing Design LLP (Applicant) against Violet Monis & Ors. (Respondents).
- Counsel for Applicant: Mr. M. M. Vashi, Sr. Advocate, assisted by Itisha Ranka of M P Vashi & Associates.
- Bench: Hon’ble Justice Amit Borkar.
- The applicant sought permission to delete Respondent Nos. 1‑8 and to amend the arbitration application; permission was granted.
- The application invokes Section 11 of the Arbitration and Conciliation Act, 1996 for appointment of an arbitrator under an agreement dated 19 March 2025, with the arbitration clause in Clause 38 (copy at page 131).
- Applicant issued a notice invoking the arbitration clause on 19 December 2025.
- The Court found a valid, subsisting arbitration agreement and confirmed its invocation, thereby establishing jurisdiction to refer the dispute to arbitration.
Final Outcome
- Mr. Ashish Venugopal, Advocate of this Court, is appointed as the Sole Arbitrator.
- Office Address: Chambers of Nikhil Sakhardande, Sr. Adv., 1101, 1 Infinity, Cawasji Patel Street, Fort, Mumbai – 400001.
- A copy of this Order shall be communicated to the Sole Arbitrator by the Applicant’s advocates within one week.
- The Applicant must provide the contact and communication particulars of all parties to the Arbitral Tribunal along with a copy of this Order.
- The Sole Arbitrator is directed to forward the statutory Statement of Disclosure under Section 11(8) read with Section 12(1) of the Act to both parties’ advocates; the Applicant’s advocates will file the statement in the Court Registry and furnish a copy to the Respondents’ advocates.
- The Statement of Disclosure must also be forwarded to the parties within two weeks of receipt of this Order.
- Parties shall appear before the Sole Arbitrator on a date and place to be indicated, to obtain directions on conduct of the arbitration, including schedule for pleadings, witness examination, and hearings. At that meeting, parties must provide valid email addresses, mobile and landline numbers of their respective advocates; communications to these emails will constitute valid service.
- All arbitral costs and fees of the Arbitral Tribunal shall be borne equally by the parties initially, subject to any final award on costs.
- All issues on the merits are expressly left open for determination by the appointed arbitral tribunal.
- All actions required under this Order shall be taken upon receipt of a downloaded copy as available on the Court’s website.
Topics: Arbitration Appointment, Court Order