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2026 DAILYLAW 2192 (BOM)

MAMTA JHA v. M/S TMF HOSPITALITY LLP

ARBAP/136/2026 · 2026-08-19

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

33-arbap-136-2026-f.doc SHABNOOR IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION APPLICATION NO. 136 OF 2026 Mamta Jha … Applicant V/s. M/s Tmf Hospitality LLP … Respondent Ms. Chitra Kawalekar i/b Adv. Karan Dogra for Applicant. Mr. Nipun Mane Designated Partner of Respondent. CORAM : AMIT BORKAR, J. DATED : AUGUST 19, 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 an arbitrator for adjudication of the disputes and differences stated to have arisen between the parties in connection with the Business Arrangement Agreement dated 17 December 2023 and the Addendum thereto dated 11 February 2024. The arbitration agreement between the parties is contained in Clause 15 of the Business Arrangement Agreement dated 17 December 2023. In the interest of brevity, the said arbitration clause is not reproduced herein. It would suffice to observe that this Court has jurisdiction to entertain and decide the present Application. 1 SHABNOOR AYUB PATHAN Digitally signed by SHABNOOR AYUB PATHAN Date: 2026.08.19 17:59:05 +0530 33-arbap-136-2026-f.doc 2. The record indicates that the Applicant invoked the arbitration agreement by issuing a notice dated 28 November 2025. No response to the said notice of invocation has been placed on record. 3. Upon being satisfied that a valid and subsisting arbitration agreement exists between the parties and that the arbitration agreement has been duly invoked by the Applicant, this Court is of the view that the disputes and differences arising between the parties in connection with the aforesaid agreements deserve to be referred to arbitration before a Sole Arbitrator. 4. In view of the above, the present Application under Section 11 of the Act, along with the Application filed under Section 9 of the Act, is disposed of in terms of the following order: A) Ms. Shubhra Swami Paranjape, an 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:-1101, 11th Floor, 1Infinity (Formerly known as Ramnimi Fort), Cawasji Patel Street, Mumbai 400001 Email ID: swami.shubhra@gmail.com B) A copy of this Order will be communicated to 2 33-arbap-136-2026-f.doc the Learned Sole Arbitrator by the Advocates for the Applicant within a period of one week from today. The Applicant 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 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 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, 3 33-arbap-136-2026-f.doc 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; 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. 5. All issues on merits are expressly kept open to be agitated before the arbitral tribunal appointed hereby. 6. 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