Bombay High Court
Neomile Corporate Advisory Limited vs Gaudium Ivf And Women Health Ltd on 2 April, 2026
2026:BHC-OS:7985
Megha 24_carbpl_10124_2026
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
COMMERCIAL ARBITRATION PETITION (L) NO.10124 OF 2026
Neomile Corporate Advisory Limited ...Petitioner
V/s.
Gaudium IVF & Women Health Ltd.
and Anr. ...Respondents
________________
Mr. Sharan Jagtiani, Senior Advocate with Mr. Akshay Doctor, Mr.
Durgesh, Mr. Himank Siingh and Ms. Shubhi Dotiya i/b. M/s. Desai &
Diwanji for the Petitioner.
Mr. Sandeep Sharma, Senior Advocate with Ms. Petal Chandok and Mr.
Prashant Trivedi i/b. Ms. Khushboo Jain for the Respondents.
________________
CORAM: SANDEEP V. MARNE, J.
DATED: 2 APRIL 2026.
P.C.:
1) This is a Petition filed under Section 9 of the Arbitration and Conciliation Act, 1996 (the Arbitration Act) for seeking interim measures before commencement of the arbitral proceedings. The disputes and differences between the parties have arisen out of Letter of Engagement dated 4 June 2024.
2) Petitioner's claim is for its fees of Rs.29,20,50,000/- in allegedly assisting the Respondent for raising funds in its IPO. As the hearing of Page No.1 of 3
2 April 2026 Megha 24_carbpl_10124_2026 the Application progressed, Mr. Jagtiani, the learned Senior Advocate appearing for the Petitioner, on instructions, has shown willingness to press interim measures before the Arbitral Tribunal, if constituted.
3) Mr. Sharma, the learned Senior Advocate appearing for the Respondent fairly admits existence of arbitration agreement between the parties. Both the learned counsel agree that though the arbitration clause provides for two member Arbitral Tribunal, this Court can appoint a sole Arbitrator for adjudication of disputes and differences between the parties.
4) Accordingly, I proceed to pass the following order:-
(A) Mr. Justice Nitin Jamdar, former Chief Justice of Kerala High Court is appointed as sole Arbitrator to adjudicate upon the disputes and differences between the parties arising out of Letter of Engagement dated 4 June 2024. The contact details of the Arbitrator are as under:-
Mobile No.:- 9819829319 Email id:- [email protected] (B) A copy of this order 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 alongwith a copy of this order.Page No.2 of 3
2 April 2026 Megha 24_carbpl_10124_2026 (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 parties within a period of 2 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 by him, to obtain appropriate direction with regard to conduct of the arbitration including fixing a schedule for pleadings, examination of witnesses, if any, schedule of hearings etc. (E) The fees of the sole Arbitrator shall be as prescribed under the Bombay High Court (Fee Payable to Arbitrators) Rules, 2018 and the arbitral costs and fees of the Arbitrator shall be borne by the parties in equal portion and shall be subject to the final Award that may be passed by the Tribunal.
5) The Petition is converted into Application under Section 17 of the Arbitration Act to be decided by the Arbitral Tribunal on its own merits.
6) All contentions of the parties on merits are expressly kept open to be agitated before the Arbitral Tribunal appointed as above.
7) With the above directions, the Petition is disposed of.
[SANDEEP V. MARNE, J.] Signed by: Megha S. Parab Page No.3 of 3 Designation: PA To Honourable Judge 2 April 2026 Date: 04/04/2026 16:54:25