Authority: High Court of Judicature at Bombay

Order Date: 11 September 2026

Case Overview

  • Parties: Schindler India Private Limited (Applicant) and Memphis Realtors Private Limited (Respondent).
  • Applications: Arbitration Application No. 343 of 2026 and Arbitration Application No. 356 of 2026 filed under Section 11 of the Arbitration and Conciliation Act, 1996.
  • Underlying Agreement: An agreement dated 29 September 2022 containing an arbitration clause (Clause 12).
  • Arbitration Invocation: Applicant issued a notice of arbitration on 6 November 2025. Respondent neither replied to the notice nor filed any affidavit.
  • Court Findings: The Court is satisfied that a valid and subsisting arbitration agreement exists and has been duly invoked.

Order

A) Ms. Pranita Saboo, Advocate of this court, is appointed as the Sole Arbitrator. Office Address: 6th floor, Aban House, Saibaba Rd, beside Keneseth Eliyahoo Synagogue, Kala Ghoda, Fort, Mumbai, Maharashtra 400001. Email: office.pranitasaboo@gmail.com

B) A copy of this Order shall be communicated to the Sole Arbitrator by the Applicant’s advocates within one week; the Applicant shall also provide contact and communication particulars of the parties to the Arbitral Tribunal.

C) The Sole Arbitrator must forward the statutory Statement of Disclosure under Section 11(8) read with Section 12(1) of the Act to the Applicant’s advocates for filing in the Court Registry; the Registry will retain the statement and a copy shall be furnished to the Respondent’s advocates.

D) The Sole Arbitrator must forward the same statutory Statement of Disclosure to the parties within two weeks of receiving the Order.

E) Parties shall appear before the Sole Arbitrator on a date and place indicated by the Arbitrator to obtain directions on conduct of the arbitration, including schedule for pleadings, witness examination, and hearing dates. Parties must provide valid email addresses and mobile/landline numbers of their advocates; communications to these emails shall constitute valid service.

F) All arbitral costs and fees of the Arbitral Tribunal, as prescribed in the Institute’s schedule, shall be borne equally by the parties initially, subject to any final award on costs.

Final Outcome

  • The Court appoints Ms. Pranita Saboo as Sole Arbitrator and issues detailed procedural directions to commence arbitration. All substantive merits issues remain open for determination by the appointed arbitrator.

Topics: Arbitration, Court Order