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Bombay High Court
Divine Fabrics Through Its Partner ... vs Trent Limited on 20 May, 2026
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
COMMERCIAL ARBITRATION PETITION (L) NO.17577 OF 2026
Divine Fabrics, through its Partner .. Petitioner
BHALCHANDRA
GOPAL Ankur Agrawal
DUSANE
Digitally signed by
BHALCHANDRA Vs.
GOPAL DUSANE
Date: 2026.05.20
20:33:13 +0530
Trent Limited .. Respondent.
Mr. Ranvir Singh Morha, Senior Advocate (through VC) for Petitioner.
Mr. Rohaan Cama a/w Sonu Bhasi, Meenal Bhagat, Veena Hari i/b Cyril
Amarchand Mangaldas for Respondent.
CORAM : GAUTAM A. ANKHAD, J.
(VACATION COURT)
DATE : 20th MAY 2026.
P.C. :
1. The Petitioner has filed Section 9 Petition seeking urgent interim protection
in connection with the Retail Business Arrangement Agreement dated 22 nd June
2022. The Respondent has issued a termination notice dated 17 th February 2026
purporting to terminate the above agreement as per clause 15.2 of the said
Agreement. It is the Petitioner's grievance that this termination is illegal and
arbitrary for several reasons.
2. Mr. Cama, learned counsel for the Respondent submits that the Respondent
is in possession of the premises and there is no urgency in the matter. The
Petitioner only has a claim in damages which he is entitled to claim before the
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learned Arbitrator. At the same time, he further submits on instructions that the
Respondent has no objection to forthwith proceed with arbitration to adjudicate the
pending disputes between the parties. Mr. Morha, learned senior counsel denies
the contentions of lack of urgency put-forth by Mr. Cama.
3. Be that as it may, upon a suggestion from the Court, the parties have agreed
to forthwith submit all disputes and differences that arise out of the Retail
Business Arrangement Agreement dated 22 nd June 2022 for arbitration before the
learned sole Arbitrator. In view of the consensus between the parties, Justice Shri.
R.D. Dhanuka (Former Chief Justice of the Bombay High Court) is appointed as a
sole Arbitrator to adjudicate all difference and disputes in relation to and in
connection with the aforesaid Agreement. The contact details of Justice Shri. R.D.
Dhanuka, (Former Chief Justice of the Bombay High Court), the sole Arbitrator,
are 131, Mittal Tower, C-Wing, Barrister Rajni Patel Marg, Nariman Point,
Mumbai- 400 021. Mobile. No. 98211 34074.
4. All rights and contentions of the parties are expressly kept open to be
agitated before the Tribunal.
5. The present Petition under Section 9 shall be converted and treated as an
Application under Section 17. The Petitioner is at liberty to forthwith file an
Application before the learned Arbitrator for an urgent ad-interim reliefs in the
matter.
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6. 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 Arbitration Application.
7. The fees of the learned sole Arbitrator shall be as per the Fourth Schedule
of the Act read with the Bombay High Court (Fee Payable to Arbitrators) Rules,
2018.
8. No unnecessary adjournments shall be sought by either parties before the
learned Arbitrator.
9. The learned Arbitrator is requested to hear the Section 17 Application
immediately considering the urgency placed by the learned Senior Counsel. In
case of any difficulty, liberty to apply to this Court.
[ GAUTAM A. ANKHAD, J. ]
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