rsk 1 920-ARP-89-26.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION ARBITRATION PETITION NO.89 OF 2026 M/S. Shri. Amba Apparels Thr. Tanajirao Jayvantrao Ghatage ….Petitioner Vs M/S. Aditya Birla Fashion And Retail Limited ….Respondent Mr. Deepesh Ramrakhiani a/w. Mr. Vijay Singh and Mr. Manan Daga for the Petitioner Mr. Durgaprasad Sabnis a/w. Ms. Rajani Yadav for the Respondent. CORAM : JITENDRA JAIN, J. DATED : 31st JULY 2026 P. C. : 1. This petition is filed under Section 11 of the Arbitration and Conciliation Act, 1996 (“the Act”) seeking appointment of an Arbitrator in connection with disputes and differences that have been arisen between the parties 2. The arbitration agreement is at clause 24 of document Franchise Agreement dated 2 November 2015. There is no dispute that differences have arisen between the parties out of the said agreement. 3. The learned counsel for the petitioner submits that since the showroom is situated in Kolhapur, the arbitrator should also be from Kolhapur. The learned counsel for the respondent states that the arbitration seat is at Mumbai and therefore an arbitrator from Mumbai should be appointed. 4. I have considered the submissions since seat is in Mumbai, an RAJESHWARI SUBODH KARVE Digitally signed by RAJESHWARI SUBODH KARVE Date: 2026.07.31 16:31:31 +0530 rsk 2 920-ARP-89-26.doc arbitrator from Mumbai will be better place to conduct arbitration. This Court therefore appoints Ms. Alpana Ghone as a Sole Arbitrator for resolving disputes between the parties. 5. The parties are at liberty to raise all the contentions before the learned Arbitrator. 6. In these circumstances, the present Petition is finally disposed of in terms of the following order :- A) Ms. Alpana Ghone, 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 : 53, Ajaydeep House, 240 Parin Nariman Street, Fort, Mumbai 400 001 Email ID : alpana@alpanaghone.com Contact No. : 8928800509 B) A copy of this Order will be communicated to the Learned Sole Arbitrator by the Advocates for the Petitioner within a period of one week from the date of upload of this order. The petitioner shall 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 parties within a period of two weeks from receipt of a copy of this Order; D) The parties shall appear before the Learned Sole rsk 3 920-ARP-89-26.doc Arbitrator on such date and at such place as indicated, to obtain appropriate directions 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 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; E) 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. 7. Needless to say, nothing contained in this order is an expression of an opinion on merits of the matter or the relative strength of the parties. All issues on merits are expressly kept open to be agitated before the arbitral tribunal appointed hereby. 8. 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. 9. Petition is disposed of in above terms. [ JITENDRA JAIN, J. ]