913-arp-135-26.doc Urmila Ingale IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION ARBITRATION PETITION NO. 135 OF 2026 Mr. Padamshi Kalyanji Gajra .. Petitioner Versus M/s. Sainath Royal Kharbav Developers LLP and ors. .. Respondents ....................  Mr. Rishi Soni i/b Ms.Meena R. Sharma, for Petitioner.  Mr. Vignesh Ashokan i/b Mr.Abhijeet Kandarkar, for Respondents No. 1, 2 and 3.  Mr. V.R. Kasle, for Respondent No.5. ................... CORAM : S.M.MODAK, J. DATE : SEPTEMBER 18, 2026 P.C. : 1. Heard learned counsel for the Petitioner and learned counsel for the Respondent No.5. Respondents No.2 & 3 have filed reply. It is on page no. 135. Their arguing counsel is not available, therefore, adjournment is sought. However, considering the reply, I do not think that adjournment is justified. Respondent No.4 is served by way of a private service. Affidavit of service is filed. 2. The Petitioner and Respondents No. 2 to 5 are the 1 of 5 URMILA PRAMOD INGALE Digitally signed by URMILA PRAMOD INGALE Date: 2026.09.22 14:08:15 +0530 913-arp-135-26.doc partners of Respondent No.1. There is arbitration clause no. 24 in the Limited Liability Partnership Agreement dated 20/02/2014. Clause 24 reads thus: “24. DISPUTE RESOLUTION All disputes, differences, claims and questions whatsoever, which shall arise either during the continuance of the limited liability partnership or thereafter between the Partners or their representatives or between the Partner or Partners and the legal representative(s) of the other Partners touching these Presents, shall be referred to the arbitration of an Arbitral Tribunal consisting of three arbitrators of which the two Designated Partners shall appoint 1 (one) arbitrator each, and the two arbitrators so appointed shall appoint the third arbitrator. Such arbitration shall be carried out in accordance with and subject to the provisions of the Arbitration and Conciliation Act, 1996 or any statutory modification or re-enactment thereof for the time being in force and the decision of the Arbitrator's shall be final and binding upon all parties. It is clarified that only the two Designated Partners shall have the right to appoint the 2(two) Arbitrators. Such arbitration shall be held in Mumbai.” 3. As the dispute has arisen, the Petitioner has invoked this arbitration clause and sent a notice dated 29/04/2026 which is at page no. 113. There is reply given by the Respondent No.2 dated 29/05/2026 which is at page no. 124. Clause 13 of the said reply reads thus : “13. My Clients further state that your client cannot be permitted to abuse arbitration proceedings for purposes of legitimizing fabricated and disputed unilateral accounting claims. Mere existence of arbitration clause does not validate false claims, nor can arbitration clause be used as shield against consequences of fraudulent and criminal conduct independently committed by a partner.” 2 of 5 913-arp-135-26.doc 4. Even in the reply filed by the Respondents No. 2 and 3, they have made certain allegations against the Petitioner about the sale of land without consent and with ulterior motive. There is also FIR registered at Bhiwandi Police Station bearing Crime No. 507 of 2025. The issue involved in the arbitration Petition is whether there exist arbitration agreement and whether arbitration clause is invoked or not. The Petitioner has satisfied both the conditions, about alleged misconduct of the Petitioner cannot be looked into in this Petition. The above correspondence by Respondents No.2 & 3 do suggest about their stand about existence of arbitration clause. Even Respondent No.5 is consenting for appointment of an arbitrator. An oral submission is made in respect of three arbitrators. Let only one arbitrator be appointed so that the time and expenses can be saved. Even the Petitioner has suggested one arbitrator. 5. It is submitted that already a dispute involving some of the parties to this Petition is referred to learned Advocate Mr.Drupad Patil by way of arbitration. Therefore, he be appointed as an Arbitrator. There is consent for his appointment. In view of that, the following order is passed. 3 of 5 913-arp-135-26.doc O R D E R (I) Mr.Drupad Patil, 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 matter referred above. Office address :- 1813, True Value Securities, Crescent Chambers, Tamarind Lane, Fort, Mumbai- 400 001. Email id:- drupadpatil@gmail.com Contact No. :- 9766464655 (II) The place of arbitration shall be at Mumbai, Maharashtra. (III) 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 upload of this order. The Petitioner shall provide the contact and communication particulars of the parties to the Arbitral Tribunal along with copy of this order. (IV) The Learned Sole Arbitrator is requested to forward the statutory Statement of Disclosure under Section 11(8) read with Section 12(1) of the Arbitration and Conciliation Act, 1996 to the parties within a period of two weeks from receipt of copy of this order. 4 of 5 913-arp-135-26.doc (V) 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. (VI) All arbitral costs and fees of the Arbitral Tribunal shall be borne by the parties equally as per the Schedule. 6. The Arbitration Petition is disposed of. [ S.M.MODAK, J. ] 5 of 5