Authority: High Court of Judicature at Bombay, Commercial Division

Order Date: 21 October 2026

Case Overview

  • Applicant: R.D. Traders; Respondent: Shree Sant Krupa Silk Mills Pvt. Ltd.
  • Dispute arises from 17 invoices for supply of coal; arbitration clause in Clause 6 of each invoice and jurisdiction clause "SUBJECT TO MUMBAI JURISDICTION".
  • Goods were delivered; delivery challans are pages 86‑115 of the paper‑book.
  • On 28 January 2025 the applicant emailed a demand notice for unpaid interest; the respondent replied on 31 January 2025 disputing the payment.
  • Arbitration notice was served by email on 19 February 2025; a postal service attempt was returned with the remark "refused".
  • The applicant invoked arbitration under Section 11 of the Arbitration and Conciliation Act, 1996 (as amended 2015) on 19 February 2025.
  • An affidavit of service dated 28 July 2026 was filed; an email dated 17 October 2026 confirmed the hearing and the MCA website confirmed the respondent’s email as "shreeshantkrupa17@gmail.com".
  • The respondent did not appear before the Court.

Final Outcome

  • The Court is satisfied that an arbitration agreement exists in each invoice and was validly invoked on 19 February 2025.
  • Mr. Vyom Shah, learned Advocate of this Court, is appointed as the sole arbitrator to adjudicate the disputes arising from the 17 invoices.
  • Contact details of the arbitrator: Office Address – 116‑117, Sir Vithaldas Chambers, 16, Mumbai Samahar Marg, Fort, Mumbai – 400001; Mobile – 98330 62923; Email – vyomdshah@gmail.com.
  • A copy of this order will be communicated to the arbitrator by the applicant’s advocate within one week of its upload on the Court’s website; the applicant shall provide the parties’ contact particulars to the arbitral tribunal.
  • The arbitrator is directed to forward the statutory Statement of Disclosure under Section 11(8) read with Section 12(1) of the Act to the applicant’s advocate, and the Court Registry shall retain the statement and furnish a copy to the respondent.
  • The parties shall appear before the arbitrator either via video conference or at a place indicated by the arbitrator to obtain directions on conduct of the arbitration, including schedule for pleadings, examination of witnesses, and hearing dates.
  • Arbitrator fees shall be as per the Fourth Schedule of the Act read with the Bombay High Court (Fee Payable to Arbitrators) Rules, 2018.
  • All issues, claims and counter‑claims remain open for adjudication before the tribunal.
  • The arbitration shall be conducted in Mumbai.

Topics: Arbitration Appointment, Coal Supply Dispute