IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION APPLICATION NO.230 OF 2026 Cloud Kitch Private Limited .. Applicant Vs. Praneetas Kitchen .. Respondent Mr. Adnan Noor Hasan (through V.C.), i/by Mr. Atif Shaikh, Advocate for the Applicant. None for the Respondent. CORAM : GAUTAM A. ANKHAD, J. DATE : 3rd September, 2026. [ THROUGH HYBRID HEARING ] P.C. : 1. This Section 11 Application is filed seeking appointment of an Arbitrator in relation to the disputes that have arisen under the Master Service and Software Agreement dated 25th March 2025 (“Agreement”) executed between the parties. The arbitration agreement between the parties is recorded at Clause No.17, the relevant portion of which reads as under:- “17. Governing Law and Arbitration This Agreement and its performance shall be governed by and construed in all respects in accordance with the Laws of the Republic of India. In the event of a dispute or difference, relating to, arising out of or in connection with any of the matters set out in 1/5 7-ARBAP-230-2026.doc Dixit this Agreement, including any question regarding its existence, validity or termination, ("Dispute"), the parties to the Dispute shall discuss in good faith to resolve the Dispute. If a Party gives the other Parties notice that a Dispute has arisen and the Parties are unable to so resolve the Dispute amicably within 30 (thirty) calendar days, it shall be referred to arbitration. 17.1 Arbitration Procedure If a Dispute is not resolved within 30 (thirty) days after the service of a Dispute Notice, whether or not a Dispute Meeting has been held, any Party to the Dispute shall be entitled to refer the Dispute to arbitration pursuant to the provisions of Arbitration and Conciliation Act, 1996. In this regard, the Parties further agree as follows:  the Dispute shall be referred to and resolved by the arbitral tribunal which shall consist of a sole arbitrator, who shall be mutually appointed by the Parties; failing which, the sole arbitrator shall be appointed in terms of the Arbitration and Conciliation Act, 1996;  the seat and venue of the arbitration shall be Mumbai, Maharashtra, India and the language of the arbitration shall be English;  the arbitration award of the sole arbitrator shall be final and binding on the Parties and shall be enforceable in accordance with its terms;  the costs of arbitration and the manner of bearing such costs shall be determined by the arbitral tribunal; and  during the arbitration proceedings, the responsibilities and obligations of the Parties set out in this Service Agreement shall subsist and the Parties shall perform their respective obligations continuously except for that part which is the subject matter of the arbitration” 2. Mr. Hasan, the learned counsel appearing for the Applicant submits that the parties entered into the Agreement governing operation and revenue sharing in respect of a Maersk Kitchen facility at Pune. Disputes have arisen between 2/5 7-ARBAP-230-2026.doc Dixit the parties on account of failure of the Respondent to pay revenue share settlements payable under the Agreement. The Applicant, through its Advocate’s notice invoked Arbitration on 25th February 2026. The Respondent has not replied to the said notice despite receiving the same. 3. Mr. Hasan tenders an affidavit-of-service dated 3rd September 2026 to demonstrate that the Application has been served on the Respondent. The said affidavit is taken on record and marked ‘X’ for identification. 4. No one appears for the Respondent despite service. The record demonstrates that the parties have executed the Agreement. The Applicant has invoked arbitration by its Advocate’s notice dated 25th February 2026 which has been received by the Respondent. The acknowledgment receipt is at pages 52 of the paper-book. There is no denial of the arbitration agreement by the Respondent. At this stage, as held by the Hon’ble Supreme Court in Interplay between Arbitration Agreements under Arbitration and Conciliation Act, 1996 and Stamp Act, 1899, in Re (2024) 6 SCC 1 and followed in subsequent judgment in the case of SBI General Insurance Company Vs. Krish Spinning, (2025) 3 SCC (Civ) 567 that the Section 11 Court ought not to venture beyond the existence of a validly existing arbitration agreement, this Court is only required to examine whether an arbitration agreement exists between the parties and whether arbitration has 3/5 7-ARBAP-230-2026.doc Dixit been validly invoked. I am satisfied that there exists a valid arbitration agreement in the Agreement and the same has been validly invoked on 25th February 2026. Hence, this Application is allowed in terms of the following order:- [A]. Ms. Niyomi Jariwala, 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 Master Service and Software Agreement referred to above. The contact details of Ms. Niyomi Jariwala, the sole Arbitrator, are as under: Office Address : Chambers of Adv. Aditya N. Mehta, 4th Floor, Techno Heritage Building, 76 Nagindas Master Road, Fort, Mumbai – 400 001. Mobile Number : 8976401402 E-mail ID : jariwalaniyomi@gmail.com [B]. A copy of this order will be communicated to the learned Arbitrator by the Advocate for the Applicant within a period of one week from the date on which this order is uploaded on the website of this Court. The Applicant shall provide the contact and communication particulars of the parties to the learned Arbitrator along with a copy of this order; 4/5 7-ARBAP-230-2026.doc Dixit [C]. The learned Arbitrator is requested to forward the statutory Statement of Disclosure under Section 11(8) read with Section 12(1) of the Act to the Advocate 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 Advocate for the Applicant to the Respondents; [D]. The parties shall appear before the learned Arbitrator on such date either on V.C. mode or at such place as indicated to obtain appropriate directions with regard to conduct of the arbitration including fixing schedule for pleadings, examination of witnesses, schedule of hearings etc. [E]. The fees of the learned Arbitrator shall be as per the Fourth Schedule of the Act read with the Bombay High Court (Fee Payable to Arbitrators) Rules, 2018. [F]. All issues, claims and counterclaims are kept open to be agitated before the Tribunal. [G]. The arbitration shall be held at Mumbai. [ GAUTAM A. ANKHAD, J. ] 5/5 7-ARBAP-230-2026.doc Dixit SNEHA ABHAY DIXIT Digitally signed by SNEHA ABHAY DIXIT Date: 2026.09.04 16:49:59 +0530