44-CARAP-554-2026.doc Shabnoor IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION COMM ARBITRATION APPLICATION NO. 554 OF 2026 Amber Apartment Makers Private Limited … Applicant V/s. Zara Infrabuild LLP … Respondent Mr. Jehangir Jejeebhoy a/w Ms. Aishwaryajeeta Tawde i/b Kanga & Company, for the Applicants. CORAM : AMIT BORKAR, J. DATED : AUGUST 28, 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 under an Agreement dated 3 October 2024. The arbitration agreement between the parties is contained in Clause 17 of the said Agreement, a copy whereof is placed at pages 61 and 62 of the Application. The said Clause provides for Mumbai as the seat of arbitration. In the interest of brevity, the said arbitration clause is not reproduced herein. It would suffice to observe that the present Application falls within the jurisdiction of this Court. 2. The Applicant has filed an Affidavit of Service dated 28 August 2026. On the last occasion, the learned Advocate appearing 1 SHABNOOR AYUB PATHAN Digitally signed by SHABNOOR AYUB PATHAN Date: 2026.08.28 18:48:50 +0530 44-CARAP-554-2026.doc for the Respondent sought time. However, today, none appears on behalf of the Respondents. 3. The record indicates that the Applicant invoked the arbitration agreement by issuing a notice dated 3 February 2026. On perusal of the reply filed by Respondent Nos. 1 to 3, it appears that the existence of the arbitration agreement is not in dispute. However, the Respondents have raised objections that the invocation of arbitration is premature and that no arbitrable dispute has crystallised between the parties so as to warrant commencement of arbitral proceedings. 4. Upon perusal of the material placed on record, it is evident that the arbitration agreement has been duly invoked by the Applicant. This Court is satisfied that a valid and subsisting arbitration agreement exists between the parties and that the same has been duly invoked. 5. As regards the objections raised by the Respondents that the invocation of arbitration is premature and that no arbitrable dispute has crystallised between the parties, the said objections can appropriately be raised before and considered by the Arbitral Tribunal in accordance with law, including under Section 16 of the Act. At this stage, the said objections do not constitute a ground for refusing appointment of an Arbitrator. 6. In the aforesaid circumstances, it would be appropriate to refer the disputes and differences arising out of or in connection with the aforesaid Agreement dated 3 October 2024 to arbitration before a Sole Arbitrator. Hence, the present Application deserves to 2 44-CARAP-554-2026.doc be allowed and is disposed of in terms of the following order: A) In exercise of powers under Section 11 of the Arbitration and Conciliation Act, 1996, Hon’ble Shri Justice Nitin Jamdar, former Chief Justice of the Kerala High Court, 14 A, Commerce House, Nagindas Master Road, Fort, Mumbai – 400 001 is appointed as the sole Arbitrator to adjudicate the disputes and differences arising between the parties in connection with the Agreement dated 3 October 2024 as may fall within the scope of the arbitration agreement. 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 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 3 44-CARAP-554-2026.doc 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, 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. 7. 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. (AMIT BORKAR, J.) 4