Bombay High Court
Laxminarayan Vyapaar Private Limited vs Transcon Skycity Private Limited on 4 July, 2025
2025:BHC-OS:10819 511 @ 41-ARBP-12718-2025 @ Ors.doc
PURTI IN THE HIGH COURT OF JUDICATURE AT BOMBAY
PRASAD
PARAB
Digitally signed by
PURTI PRASAD
ORDINARY ORIGINAL CIVIL JURISDICTION
PARAB
Date: 2025.07.15
13:38:56 +0530
ARBITRATION PETITION (L) NO. 12718 OF 2025
AND
ARBITRATION PETITION (L) NO. 12834 OF 2025
ALONGWITH
ARBITRATION PETITION (L) NO. 12927 OF 2025
Laxminarayan Vyapaar Private Limited ...Petitioner
Versus
Transcon Skycity Private Limited and Anr. ...Respondents
Mr. Rohan Cama a/w Mr. Kyrus Modi, Ms. Shreema Doshi and Ms.
Sharanya Mahimtura i/b Lexicon Law Partners for the Petitioner.
Mr. Gaurav Joshi, Senior Advocate a/w Ms. Pooja Kane, Mr. Yash Momaye
and Mr. Ishaan Choudhary i/b I.C. Legal for Respondent No.1.
CORAM : SOMASEKHAR SUNDARESAN, J.
DATE : JULY 4, 2025
ORDER :
1. All these Petitions are filed under Section 9 of the Arbitration and Conciliation Act, 1996 ("the Act").
2. Learned Counsel for Respondent No.1 has no quarrel with proceeding to arbitration forthwith converting these Petitions into proceedings under Section 17 of the Act. In these circumstances, the Petitions and all the pleadings herein are hereby converted into the proceedings under Section 17 of the Act for urgent consideration by the Learned Arbitral Tribunal appointed hereby. Taking on record the consent between the Petitioner and Respondent No.1 to proceed to such arbitration the following order is passed :
Page 1 of 4
July 4, 2025 Purti Parab ::: Uploaded on - 15/07/2025 ::: Downloaded on - 01/08/2025 22:44:17 ::: 511 @ 41-ARBP-12718-2025 @ Ors.doc A] Mr. Rashmin Khandekar, 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 of and in connection with the Agreement referred to above;
Address : 2nd Floor, New Wadia Building, Opposite BSE, Dalal Street, Fort, Mumbai - 400 001.
E mail : [email protected] B] A copy of this Order will be communicated to the Learned Sole Arbitrator by the Advocate for the Petitioner within a period of one week from the date on which this order is uploaded on the website of this Court. 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) read with Section 12(1) of the Act to the Advocate for the Petitioner 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 Petition and a copy of the same shall be furnished by the Advocate for the Petitioner to the Respondents;
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. Page 2 of 4
July 4, 2025 Purti Parab ::: Uploaded on - 15/07/2025 ::: Downloaded on - 01/08/2025 22:44:17 ::: 511 @ 41-ARBP-12718-2025 @ Ors.doc 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 in the first instance, and shall be subject to any final Award that may be passed by the Tribunal in relation to costs.
3. In these circumstances, the Learned Arbitral Tribunal is requested to convene within a week from being approached for urgent consideration of any interlocutory arrangements that may be necessary in the matter, and to issue necessary directions on how to proceed further.
4. It must be recorded that by an order dated June 20, 2025, this Court had directed that a reply affidavit be filed with a clear disclosure of the status of the assets that are claimed to be earmarked for allocation to the Petitioner. What was intended was a disclosure of the assets claimed in the pleadings in these Petitions as being assets to which the Petitioner is entitled. It is the Petitioner's case that such a disclosure has not been made in the reply affidavit. Learned Counsel for Respondent No.1 would claim, based on instructions, that there is no asset that falls within the ambit of disclosure in compliance with the said order. Let this facet also be examined by the Learned Arbitral Tribunal first upon convening in the matter. The Learned Arbitral Tribunal shall examine the factual matrix that would demonstrate which of the two parties is presenting an accurate factual picture, and shall be liberty to elaborate, clarify, modify or make Page 3 of 4 July 4, 2025 Purti Parab ::: Uploaded on - 15/07/2025 ::: Downloaded on - 01/08/2025 22:44:17 ::: 511 @ 41-ARBP-12718-2025 @ Ors.doc such other direction to meet the ends of appropriate consideration of the proceedings.
5. It shall be totally open to the Learned Arbitral Tribunal to issue such other interlocutory arrangements as the circumstances require, and issue such ad-interim or interim relief as the Learned Arbitral Tribunal deems fit.
6. Further, in view of the law declared by the Supreme Court in ASF Buildtech1 recently, whether to permit joinder of any non-signatory party is squarely in the domain of the Learned Arbitral Tribunal. Should the Petitioner as dominus litis make out a case therefor, the Learned Arbitral Tribunal shall be at liberty to add any non-signatory as a necessary Respondent.
7. Needless to say, nothing contained in this order is an expression of an opinion on merits of the matter or the relative strength of the parties. All issues on merits are expressly kept open to be agitated before the arbitral tribunal appointed hereby.
8. 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.
[ SOMASEKHAR SUNDARESAN, J.] 1 ASF Buildtech Private Limited vs. Shapoorji Pallonji and Company Pvt. Ltd. - 2025 INSC 616 Page 4 of 4 July 4, 2025 Purti Parab ::: Uploaded on - 15/07/2025 ::: Downloaded on - 01/08/2025 22:44:17 :::