Authority: High Court of Judicature at Bombay
Order Date: October 22, 2026
Case Overview
- Parties: Applicant – Bharat Petroleum Corporation Ltd (BPCL); Respondents – M/s Sukhram Fuels and Others.
- Dispute arises from an Agreement dated 30 March 2019, containing an arbitration clause (Clause 19) which the parties have not contested.
- BPCL invoked the arbitration clause by issuing a notice on 27 February 2025.
- An application under Section 11 of the Arbitration and Conciliation Act, 1996 was filed (Comm. Arbitration Application No. 92 of 2026, Petition No. 214 of 2025).
- The objection concerning individual directors being made parties to the arbitration may be raised before the arbitrator, who will decide independently of the court’s appointment order.
- The Court confirmed the existence of a valid, subsisting arbitration agreement and its proper invocation.
Final Outcome
- Ms Kajol A. Punjabi, Advocate of this court, is appointed as the Sole Arbitrator to adjudicate the disputes arising out of the 2019 Agreement.
- Office address: C/o Sr. Adv. Gaurav Joshi, 302B, Fort Chambers, Next to Hamam Street Post Office, Fort, Mumbai – 400001; Email: kajolpunjabi97@gmail.com.
- The Applicant must forward a copy of this Order to the Sole Arbitrator within one week and provide contact particulars of all parties.
- The Sole Arbitrator shall issue the statutory Statement of Disclosure under Section 11(8) read with Section 12(1) to the Applicant’s advocates for filing in the Court registry; a copy will also be furnished to the Respondents’ advocates.
- Parties are to appear before the Sole Arbitrator on dates and locations specified by the arbitrator for procedural directions, including filing schedules, witness examinations, and hearing dates.
- Parties must provide valid email addresses and telephone numbers of their advocates; communications to these emails will constitute valid service.
- All arbitral costs and fees are to be borne equally by the parties initially, subject to adjustment by any final award.
- The petition under Section 9 is treated as an application under Section 17 of the Act before the Arbitral Tribunal.
- The Sole Arbitrator has full authority to adjudicate claims, counter‑claims, merits, and any related questions of law.
- All actions required by this order shall be taken upon receipt of a downloaded copy from the Court’s website.
- The arbitration application is disposed of as ordered.
Topics: Arbitration Appointment, Corporate Dispute