Sonali Mane 20-ARBAP-93-2026.docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION APPLICATION NO. 93 OF 2026 Wellknown Polyesters Ltd. (Acting Through Its Authorized Signatory Mr Mahesh Pareek) … Applicant Versus Yogesh Ved Prakash Sachdeva … Respondent Adv. Trisha Ranka a/w Adv. Prerak Choudhary for Applicant. Adv. Govind Solanke for Respondent. CORAM : ARUN R. PEDNEKER, J. DATE : 27 JULY, 2026 P.C. : 1. Heard learned counsel appearing for the parties. 2. Learned counsel appearing for Applicant submits that the Applicant had entered in employment contract with the Respondent. In case of any disputes arises out of the service agreement, it was to be resolve through process of arbitration. Clause 11 (c) of Non-Compete & Non-Solicitation Agreement provides for resolution of dispute through arbitration and the same is noted below for ready reference:- 1 / 5 MANE SONALI DILIP Digitally signed by MANE SONALI DILIP Date: 2026.07.29 13:55:00 +0530 Sonali Mane 20-ARBAP-93-2026.docx 11(c) That in the event of any dispute or difference arising between the parties hereto either during the subsistence of this bond and afterwards relating to this bond, the same shall be referred to the Arbitration of CORPORATE-HR of the Company whose decision shall be final and binding on the parties. The provisions of the Indian Arbitration Act, 1940 or any statutory modification or re-enactment thereof for the time- being in force shall be applicable to Mumbai Courts alone will have exclusive jurisdiction in all matters connected with this Bond. " 3. Learned counsel for the Applicant submits that further Non Compete and Non-Solicitation Agreement dated 20 November, 2018 was executed between the Applicant and the Respondent, which provides for resolution of disputes arising therefrom to solve through arbitration. She further submits that disputes have arisen between the parties and that notice invoking arbitration clause was issued on 10 July, 2025. However, there is no response. Thus, the Applicant has filed the present application under Section 11 of the Arbitration and Conciliation Act, 1996 for appointment of the Arbitrator. 4. Learned counsel appearing for the Respondent submits that, after initial appointment of the Respondent employee in the year 2017, a bond was executed in the year 2018 and the Respondent was forced to sign such a bond whereby he was restrained from joining a similar 2 / 5 Sonali Mane 20-ARBAP-93-2026.docx company for period of three years. He submits that the Respondent has expertise only in this field and that such a bond is illegal and void. However, there is no dispute of existence of an arbitration agreement or on the invocation notice. 5. Having considered the material, this Court would pass the following order:- (A) Mr. Nilesh Patil, learned Advocate of this 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 :- Address : 36, 4th Floor Western India House Building, Above the Bombay Store, P. M. Road, Fort, Mumbai 400 001 Mobile No. : 9823717717 Email ID : nileshppatil17@gmail.com (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 3 / 5 Sonali Mane 20-ARBAP-93-2026.docx 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. (E) The parties shall appear before the learned sole Arbitrator on such date and at such place as indicated by him, 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. 4 / 5 Sonali Mane 20-ARBAP-93-2026.docx 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. 6. All contentions of the parties are expressly kept open to be raised before the Arbitrator. 7. With the above directions, Arbitration Application stands disposed of accordingly. [ARUN R. PEDNEKER, J.] 5 / 5