Sonali Mane 16-CARAP-216-2025.docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COM. ARBITRATION APPLICATION NO. 216 OF 2025 WITH INTERIM APPLICATION (L) NO. 10679 OF 2025 IN COM. ARBITRATION APPLICATION NO. 216 OF 2025 DHL Ecomerce (India) Pvt. Ltd. (Formerly Known As DHL E -Commerce (India) LLP … Applicant Versus Frontline (NCR) Business Solutions Pvt. Ltd. … Respondent Adv. Darshan Naik a/w Adv. Reshma Shirke, Adv. Gopalkrishna Naik, Adv. K. L. Dalvi, Adv. Prabodh Sanade for Applicant. Adv. Agam H. Maloo a/w Adv. Prakhar Tandon for Respondent. CORAM : ARUN R. PEDNEKER, J. DATE : 22 JULY, 2026 P.C. : 1. Heard learned counsel for the Applicant. 2. Learned counsel appearing for the Applicant seeks the appointment of an Arbitrator in view of the disputes that have arisen 1 / 6 MANE SONALI DILIP Digitally signed by MANE SONALI DILIP Date: 2026.07.27 14:45:40 +0530 Sonali Mane 16-CARAP-216-2025.docx between the parties under the agreement executed on 1 February, 2018 and with specific reference to the Clause No. 17.01, which provides for resolution of disputes through arbitration. The said clause is noted below for ready reference. 17.01 The rights and obligations under this Agreement are personal to each party and shall not be assignable by either party in whole or in part without the prior written consent of the other party; provided, however, DHL may assign its rights and obligations hereunder to any of its Affiliates. Subject to the foregoing, this Agreement shall inure to the benefit of and be binding upon successors and assigns of the parties hereto. PROVIDER cannot sub contract any of its assignment under this Agreement. 3. Learned counsel for the Applicant submits that the notice invoking arbitration was issued on 17 February 2022. The notice is responded by the Respondent, denying the arbitration clause and denying the disputes. In view of the subsistence of the dispute, the present application under Section 11 is filed for appointment of Arbitrator. 4. The learned counsel appearing for the Respondent raises two objections for the appointment of arbitral tribunal. He submits that the 2 / 6 Sonali Mane 16-CARAP-216-2025.docx contract is between the Respondent and DHL E-Commerce (India) LLP and not with the present Applicant. The Applicant herein is not party to the said agreement and there is no privity of contract between them. The second objection raised is that in terms of Clause No. 17.01 that the assignment under the agreement can be only with the consent of both the parties and the original party i.e. the DHL E-Commerce (India) LLP could not have assigned any of the rights under the original party agreement dated 1 February, 2018 without the consent of the Respondent. 5. For the aforesaid two reasons, the learned counsel appearing for the Respondent opposes the appointment of the Arbitrator. With response thereto, learned counsel for the Applicant pointed out at page 52 in Addendum to the Master Service Agreement dated 1 April, 2018, which indicates that the same is signed by the present Applicant as well as the Respondent. It has referred to the service provider agreement for security services dated 1 April, 2018 and Clause 2 provides that all other terms and conditions of the agreement which are not amended by this category shall remain unchanged and remain in force and effect between the parties. 3 / 6 Sonali Mane 16-CARAP-216-2025.docx 6. The learned counsel also submits that original LLP i.e. DHL E-Commerce (India) LLP is now restructured as an DHL Ecommerce India LLP Private Limited company has been incorporated as a private limited company on 10 March, 2021. It is further submitted that the service provider Agreement as dated 1 April, 2018 continues to remain in force and effect between the Applicant and the Respondent. 7. Considering the Clause 17.05 and the Addendum signed on 14 April, 2021, as well as the similar addendum between the parties, it is prima facie evident that the parties are governed by the arbitration clause. Accordingly, the parties are referred to the arbitration. All issues are left open, including the applicability of the arbitration clauses and the liabilities arising between the Respondent and the original LLP to be adjudicated by the Arbitrator. Leaving all issues open, the Arbitrator is appointed. (A) Ms. Sadhna Jadhav, Former Judge of Bombay High Court is appointed as the sole Arbitrator to adjudicate upon the disputes and differences between the parties arising out of and in connection with the Agreement referred to above. The contact details of the Arbitrator are as under :- 4 / 6 Sonali Mane 16-CARAP-216-2025.docx Address : C/o. Adv. Vijay Hiremath 108, Seksaria Chamber, Nagindas Master Road, Opp. Commerce House, Kala Ghoda, Fort, Mumbai - 400 001. Email Id : sjadhav0660@gmail.com Mobile No. : 9422989004 (B) A copy of this order be communicated to the learned sole Arbitrator by the Advocates for the Applicant within a period of 1 week from the date of uploading of this order. The Applicant shall provide the contact and communication particulars of the parties to the Arbitral Tribunal along with a copy of this order. (C) Seat and venue of the arbitration would be governed by the provisions of the agreement executed between the parties. (D) Learned sole Arbitrator is requested to forward the statutory Statement of Disclosure under Section 11(8) read with Section 12(1) of the Act to the Advocates for the Applicant so as to enable them to file the same in the Registry of this Court. The Registry of this Court shall retain the said Statement on the file of this Application and a copy of the same shall be furnished by the Advocates for the Applicant to the Respondent. 5 / 6 Sonali Mane 16-CARAP-216-2025.docx (E) The parties shall appear before the learned sole Arbitrator on such date and at such place as indicated by her to obtain appropriate direction with regard to conduct of the arbitration including fixing a schedule for pleadings, examination of witnesses, if any, schedule of hearings etc. At such meeting, the parties shall provide a valid and functional email address along with mobile and landline numbers, if any, of the respective Advocates of the parties to the Arbitral Tribunal. Communications to such email addresses shall constitute valid service of correspondence in connection with the arbitration. (F) All arbitral costs and fees of the Arbitral Tribunal shall be borne by the parties equally in the first instance and shall be subject to any final Award that may be passed by the Tribunal in relation to costs. 8. All contentions of the parties are expressly kept open to be raised before the Arbitrator. 9. With the above directions, Commercial Arbitration Application stands disposed of accordingly. In view of disposal of Commercial Arbitration Application, Interim Application is also disposed of. [ARUN R. PEDNEKER, J.] 6 / 6