Authority: Supreme Court of India

Order Date: July 16, 2026

Case Overview

  • Petition No.44/2026 filed by Broadband Telecom, Inc., a California‑incorporated company, against Kufri Hotels Private Limited, an Ahmedabad‑based Indian company.
  • The petition invoked Section 11(6)(a) read with Section 11(12)(a) of the Arbitration and Conciliation Act, 1996, seeking appointment of a sole arbitrator after each party’s suggested arbitrators were mutually unacceptable.
  • Both parties jointly submitted that Hon'ble Mr. Justice A.K. Sikri, a former Judge of this Court, be appointed as the sole arbitrator.
  • The respondent did not file a counter‑affidavit; the Court clarified that any objections by the respondent may be raised before the appointed arbitrator.
  • The Court directed the parties to contact the office of Justice A.K. Sikri to initiate formal arbitration proceedings.
  • The arbitrator is to determine his remuneration/fees in accordance with the Fourth Schedule of the Arbitration Act.
  • The order was signed by Chief Justice Surya Kant and Justices Joymalya Bagchi and V. Mohana.

Final Outcome

  • Hon'ble Mr. Justice A.K. Sikri is appointed as the sole arbitrator.
  • Parties must approach his office for commencement of arbitration.
  • Respondent’s potential objections remain open for submission to the arbitrator.
  • Remuneration to be fixed per the Fourth Schedule of the Act.
  • The petition is disposed of.

Additional Proceeding

  • The same petition number (44/2026) also recorded a separate application (IA No. 170278/2026) by Broadband Telecom, Inc. seeking exemption from filing a copy of the impugned judgment against Bankai Infotech Limited.
  • Hearing held on 16‑07‑2026 before the same bench (Chief Justice, Justice Joymalya Bagchi, Justice V. Mohana).
  • Counsel for petitioner and respondent listed; the Court ordered the petition and any pending applications to be disposed of.

Topics: Arbitration, Court Order