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2026 DAILYLAW 5119 (BOM)

GOMA PROCESS TECHNOLOGIES PRIVATE LIMITED v. SHREE SARWESHWAR ENTERPRISES PRIVATE LIMITED

/133/2026 · 2026-08-28

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

LSP 1 902 arp 133.26.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Arbitration Petition No. 133 of 2026 Goma Process Technologies Pvt. Ltd. … Petitioner v/s. Shree Sarweshwar Enterprises Pvt. Ltd. … Respondents Mr. Rahul Chitnis a/w. Ms. Hema Desai i/b.Jayesh Desai & Associates Advocate for the petitioner. Ms. Sanika Thakare i/b. SSB Legal Advisory Advocate for the Respondents. CORAM : S.M. MODAK, J DATE : 27th August 2026. P.C. : 1. Heard learned counsel for the Petitioner and learned Advocate for the Respondents. 2. There is no dispute about the arbitration clause Nos.9 and 10 in Terms and Conditions. The Clauses are on Page No.74. After occurrence of the dispute the Petitioner has also invoked the arbitration clause and suggested the name of the Advocate. By way of reply, the Respondent is aggreable about the arbitration clause but only grievance was that the Petitioner ought not to have suggested the name of the Advocate. LATA SUNIL PANJWANI Digitally signed by LATA SUNIL PANJWANI Date: 2026.08.29 13:37:29 +0530 LSP 2 902 arp 133.26.doc 3. In view of the above, the Petitioner has invoked the jurisdiction of the Court under Section 11 of the Act. The requirements are satisfied. The place of arbitration will be at Thane. Let Advocate Mr. Datar from Thane be appointed as an Arbitrator. Hence, the following order: ORDER A) Mr. Rajesh Datar, a learned advocate of this Court is hereby appointed as the Sole Arbitrator to adjudicate upon the disputes and differences between the parties arising out and in connection with the the matter referred above; Office address :- G2- S.P. Business Centre, Ground floor, Haman House, Ambalal Doshi Marg, Fort, Mumbai – 01. Email id : - rajeshdatar@yahoo.co.in Contact No. - 9819519315 and 9320306363 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 uploading 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) LSP 3 902 arp 133.26.doc 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 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 as per the Schedule. 4. Arbitration Petition is disposed of. (S.M. MODAK, J.)