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2026 DAILYLAW 8814 (BOM)

Victorinox India Private Limited v. Dattaram Dulaji Kubal

CARAP/400/2026 · 2026-09-18

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

36-carap-400-2026 with connected.doc SHABNOOR IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION IN IT’S COMMERCIAL DIVISION COMMERCIAL ARBITRATION APPLICATION NO.400 OF 2026 Victorinox India Private Limited … Applicant V/s. Dattaram Dulaji Kubal … Respondent AND COMM ARBITRATION PETITION (L) NO.21676 OF 2026 Victorinox India Private … Petitioner V/s. Dattaram Dulaji Kubal … Respondents Ms. Riya Kalra a/w Ms. Yoshita Sood, Ansh Agal, and Kavish Jain i/b Jain Law Partners LLP, for Applicant/Petitioner. Mr. Mutahhar Khan a/w Mr. Jay Gupta, for Respondent. CORAM : AMIT BORKAR, J. DATED : SEPTEMBER 18, 2026 P.C.: 1. By consent of the parties, following order is passed: A) Mr. Abhishek Kothari Advocate of this court, is hereby appointed as the Sole Arbitrator to adjudicate upon the disputes and differences between the parties arising out of and in connection with the Agreement with clause 7.7 of settlement agreement and clause 21.1 of employment terms on Page 50; 1 SHABNOOR AYUB PATHAN Digitally signed by SHABNOOR AYUB PATHAN Date: 2026.09.18 17:28:17 +0530 36-carap-400-2026 with connected.doc Office Address:- C/o Sr. Adv. Ashish Kamat, 501, Oval House, British Hotel Lane, Kala Ghoda, Mumbai – 400001. Email: abhishekkothary@gmail.com 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 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 may be indicated by the Learned Sole Arbitrator, for obtaining appropriate directions with regard to the conduct of the 2 36-carap-400-2026 with connected.doc arbitral proceedings, including fixing the schedule for filing of pleadings, examination of witnesses, if any, and dates of hearing. At such meeting, the parties shall furnish to the Arbitral Tribunal valid and functional email addresses, together with the mobile and landline telephone numbers of their respective Advocates. Communications sent to the said email addresses shall constitute valid service of correspondence in connection with the arbitral proceedings. F) All arbitral costs and fees of the arbitration and of the Arbitral Tribunal shall be borne by the parties equally in the first instance. The same shall, however, remain subject to any final Award that may be passed by the Arbitral Tribunal in relation to costs. 2. The Learned Sole Arbitrator shall be at liberty to adjudicate upon the claims and counterclaims, if any, and to determine all questions relating to merits, in accordance with law. 3. All questions relating to the merits of the disputes are expressly kept open to be raised and adjudicated upon before the Learned Arbitral Tribunal. The Learned Sole Arbitrator shall be at liberty to adjudicate upon the claims and counterclaims, if any, and to determine all questions relating to merits, in accordance with law. 4. The Application filed before this Court under Section 9 of the Act shall stand converted into Application under Section 17 of the Act and shall be considered by the learned Sole Arbitrator in 3 36-carap-400-2026 with connected.doc accordance with law. 5. 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