[Cites 3, Cited by 0]
Bombay High Court
Mr. Shantaram Ganpat Kadam vs M 4 Developers on 9 April, 2026
2026:BHC-AS:16922
HMK 16. ARPST-6046-2026.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
ARBITRATION PETITION (ST.) NO. 6046 OF 2026
Shantaram Ganpat Kadam ....Petitioner
Versus
M 4 Developers & Ors. ....Respondents
__________________________________________________________________
Mr. Utkarsh S. Desai (through V. C.) a/w. Mr. Kishor Ajetrao for the
Petitioner.
Mr. Ruturaj Bathe (through V. C.) for Respondent No. 1(a) to 1(d).
__________________________________________________________________
CORAM : JITENDRA JAIN, J.
DATED : 09th APRIL 2026
P. C. :
1. This petition has been filed under Section 11 of the Arbitration and
Conciliation Act, 1996 (the Act), for appointment of Arbitrator in
connection with disputes arising from agreement dated 29 th June, 2018
between the petitioner and the respondents. The agreement was for sell of
a unit on terms and conditions stated therein.
2. Mr. Ruturaj Bathe, learned counsel appears for respondent no.1(a) to
1(d). Though respondent no.2 has been served as per the statement made
by the learned counsel for the petitioner, there is no appearance. Mr. Desai,
learned counsel for the petitioner is directed to file affidavit of service on
respondent no.2, because same is not on the record of the Court. Mr. Desai
states that respondent no.2 was served on 18th March, 2026.
3. As per Clause 36 of the agreement, the disputes between the parties
shall be referred to the arbitration of a single Arbitrator to be appointed by
1 of 4
HMK 16. ARPST-6046-2026.doc
the promoter.
4. On 06th January, 2026 the petitioner invoked the arbitration clause
and suggested appointment of Mr. Rohit Mali, advocate at Pune as
Arbitrator. However, after hearing the parties for sometime, the Court feels
that the clause giving discretion only to the promoter to appoint an
Arbitrator would not be the correct approach for resolving this dispute.
Therefore, the Court had suggested advocate Mr. Ahiraj S. Kulkarni, who
practices at Pune to be appointed as Arbitrator. Both the learned counsels
states that they have no objection.
5. The learned counsel for respondent no.1 states that the dispute
raised is the subject matter to be resolved by RERA and, therefore, the
petitioner is not justified in invoking the arbitration clause. In my view, this
issue can be adjudicated before the Arbitrator.
6. In view thereof, all the contentions of all the parties including the
contentions with respect to the jurisdiction is kept open to be adjudicated
before the learned Arbitrator.
7. It is made clear the I have not expressed any opinion on any of the
issues raised by the parties.
8. In these circumstances, the petition is finally disposed of in terms of
the following order :-
A) Mr. Ahiraj S. Kulkarni, learned advocate of this Court
practicing at Pune is hereby appointed as Sole Arbitrator
to adjudicate upon the dispute and differences between
the parties arising out of and in connection with the
agreement referred above.
2 of 4
HMK 16. ARPST-6046-2026.doc
Office address : Office No.2, Second Floor, Sai Krupa
Apartments, Opposite Sane Diary,
Bhandarkar Road Pune-411004.
Email ID : [email protected]
Contact No. : 8975125900
.
B) 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
uploading of this order. The petitioner and respondent
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 parties within a
period of two 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,
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;
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 of 4
HMK 16. ARPST-6046-2026.doc
9. 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.
10. 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.
11. Mr. Bhate is permitted to file reply to the present petition within one
week from today. Registry to accept the same. The said reply is to be taken
on record by the Registry. However, there is no adjudication by this Court
on any of the issue which is stated in the reply.
12. If any of the parties have any objection about the name of the
Arbitrator, then they are free to approach this Court for substitution.
13. Petition is disposed of.
[ JITENDRA JAIN, J. ]
Signed by: Sayyed Saeed Ali
4 of 4
Designation: PA To Honourable Judge
Date: 09/04/2026 17:27:27
