IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMMERCIAL ARBITRATION APPLICATION NO.211 OF 2026 D.Y. Patil International School .. Applicant Vs. Gauri Dharne .. Respondent Mr. A.P. Steenson i/b APS Law Associates, for Applicant. None for Respondent. CORAM : ARUN R. PEDNEKER, J. DATE : 2nd July 2026. P.C. : 1. Heard learned counsel appearing for the Applicant. 2. None appeared on behalf of the Respondent. On the previous date of hearing, i.e., 5th May 2026, no one had appeared for the Respondent. However, on 11th June 2026, the Respondent appeared in person and sought time to engage an Advocate. 3. Learned Counsel appearing for the Applicant submits that Respondent No. 1 was appointed as an employee by the Applicant. It is further submitted that the appointment order contains a dispute resolution clause, namely Clause 21 of the Service Agreement dated 1st September 2024 (at page 41), which reads as follows: 1/5 13 CARAP 211.2026.doc Dusane 21. ARBITRATION (i) If a dispute arises between the Parties, either Party may serve written notice on the other commencing a formal consultation period of [fifteen (15)] days within which the dispute should be resolved (the "Consultation Period"). (ii) In case an amicable settlement cannot be reached during the Consultation Period, the dispute shall be finally settled as per the provisions of the Arbitration and Conciliation Act, 1996 each Party appointing one arbitrator. The award shall be in writing, and shall specify the reasons for and the facts on which such decision was reached. The award shall be final and binding on the Parties. The Parties hereby waive their right to any form of appeal insofar as such waiver can validly be made. (iii) The place of arbitration shall be Pune. The arbitration proceedings shall be in the English language. (iv) During the period of submission of arbitration and thereafter until the granting of the award, the Parties shall continue to perform all their obligations under this Agreement without prejudice to a finial adjustment in accordance with such award. The cost of the Arbitration will be borne by the losing party. (v) None of the parties may disclose the existence, content or results of any arbitration hereunder without the prior written consent of each of the other.” 4. Learned Counsel for the Applicant submits that certain disputes have arisen between the parties, inter alia, on the ground that Respondent No. 1 left the Applicant's service without serving the mandatory three months' notice as stipulated under the terms of the employment agreement. Consequently, disputes have arisen between the parties. It is further 2/5 13 CARAP 211.2026.doc Dusane submitted that an invocation notice dated 16th January 2026 was issued to Respondent No.1 invoking the arbitration agreement. However, despite service of the said notice, no response has been received from the Respondent. 5. Having considered the arbitration agreement, particularly Clause 21 thereof, as well as the invocation notice placed on record, this Court is inclined to pass the following order:- O R D E R (A) Mr. Anurag Jain, 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 : Office No.501, Varun Capital, S. No.364+365/14, Next to Hotel Sudama, Lane Opp. Jangali Maharaj Temple, Shivaji Nagar, Pune – 411 005 Mobile No. : 9833759856 (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 3/5 13 CARAP 211.2026.doc Dusane copy of this order. (C) Seat 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 his, 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 4/5 13 CARAP 211.2026.doc Dusane Award that may be passed by the Tribunal in relation to costs. 5. All contentions are expressly kept open to be agitated before the Arbitral Tribunal appointed as above. 6. With the above directions, Arbitration Application stands disposed of accordingly. (ARUN R. PEDNEKER, J.) 5/5 13 CARAP 211.2026.doc Dusane