22-carap-404-2026.doc Shabnoor IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION COMM ARBITRATION APPLICATION NO.404 OF 2026 RD Traders … Applicant V/s. Tapi Processors Private Limited … Respondent M r. Piyush Raheja, Mr. Feroze Patel a/w Ms. Hemah Dhande i/b RVJ Associates, for the Applicant. CORAM : AMIT BORKAR, J. DATED : SEPTEMBER 23, 2026 P.C.: 1. The present Application has been filed under Section 11 of the Arbitration and Conciliation Act, 1996 (“the Act”), seeking appointment of a Sole Arbitrator for adjudication of the disputes and differences stated to have arisen between the parties in relation to the Tax Invoices issued between 26 August 2024 and 28 September 2024, the Delivery Challans and the Account Confirmation Statement. The arbitration agreement between the parties is contained in the relevant clauses of the Tax Invoices, Delivery Challans, Email Correspondences and Account Confirmation Statement referred to in the Application. In the interest of brevity, the said arbitration clause is not reproduced herein. Suffice it to observe that the present Application falls within the jurisdiction of this Court. 1 SHABNOOR AYUB PATHAN Digitally signed by SHABNOOR AYUB PATHAN Date: 2026.09.23 18:31:35 +0530 22-carap-404-2026.doc 2. The record indicates that the Applicant invoked the arbitration agreement by issuing a notice dated 24 February 2026. 3. Upon perusal of the material placed on record, it is evident that the arbitration agreement has been duly invoked by the Applicant. 4. This Court is further satisfied that a valid and subsisting arbitration agreement exists between the parties and that the same has been duly invoked. Accordingly, the disputes and differences arising out of or in connection with the Tax Invoices issued between 26 August 2024 and 28 September 2024, the Delivery Challans, and the Account Confirmation Statement are required to be referred to arbitration before a Sole Arbitrator. 5. In the aforesaid circumstances, the present Application under Section 11 of the Act, is deserved to be disposed of in terms of the following order: A) Lizum C. Wangdi, Advocate of this Court, is hereby 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; Office Address:- Office – 205, 2nd Floor, Arcadia, NCPA Marg, Nariman Point, Mumbai – 400 021. Email – lizumw@gmail.com B) A copy of this Order will be communicated to the Learned Sole Arbitrator by the Advocates for the Applicant within a period of one week from today. The Applicant shall 2 22-carap-404-2026.doc provide the contact and communication particulars of the parties to the Arbitral Tribunal along with a copy of this Order; C) The 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 Applicant and a copy of the same shall be furnished by the Advocates for the Applicant to the Advocates for the Respondent; D) The 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 parties within a period of two weeks from receipt of a copy of this Order; E) The parties shall appear before the Learned Sole Arbitrator on such date and at such place as may be indicated by the Learned Sole Arbitrator, for obtaining appropriate directions with regard to the conduct of the arbitral proceedings, including fixing the schedule for filing of pleadings, examination of witnesses, if any, and dates of hearing. At such meeting, the parties shall furnish to the Arbitral Tribunal valid and functional email addresses, together with the mobile and landline telephone numbers of their respective Advocates. Communications sent to the said email addresses shall constitute valid service of 3 22-carap-404-2026.doc correspondence in connection with the arbitral proceedings. F) All arbitral costs and fees of the arbitration and of the Arbitral Tribunal shall be borne by the parties equally in the first instance. The same shall, however, remain subject to any final Award that may be passed by the Arbitral Tribunal in relation to costs. 6. All questions relating to the merits of the disputes, including the issue of limitation, are expressly kept open to be raised and adjudicated upon before the Learned Arbitral Tribunal. The Learned Sole Arbitrator shall be at liberty to adjudicate upon the claims and counterclaims, if any, and to determine all questions relating to merits, in accordance with law. 7. All actions required to be taken pursuant to this order shall be taken upon receipt of a downloaded copy as available on this Court’s website. (AMIT BORKAR, J.) 4