# DARSHAN MAHENDRA NIBJYA vs JAYANTILAL TARACHAND OSWAL

Court: Bombay High Court
Date: 2025-02-24
Citation: ARP/53/2025
Petitioner: DARSHAN MAHENDRA NIBJYA
Respondent: JAYANTILAL TARACHAND OSWAL

[Official PDF on Bombay High Court website](https://bombayhighcourt.gov.in/bhc/file/download/eyJpdiI6InJZczdnTGl3V2xBM2N2VzF4R3N0enc9PSIsInZhbHVlIjoiTklycFppaG1rb1lnQkJZbjFOOG8xeEUzZW4zNHZ4MEN2MHJQUUtVNXFqcTFDRDZMcGpxaC9BMzQ1L2FXdmlxdUdVNTZDOVcrVUJKUE5zZTBKQ3h3RlE9PSIsIm1hYyI6ImZjMzFlOGI4MWNlYmE3NmViNGRiYjRiYjA3NGFkMGYzMzcwNzhlMjhhMmI0NTI5MmUxNWM0NTQ4MTQ1ZWVkMmQiLCJ0YWciOiIifQ==?expires=1782777490&signature=03c8c09403ad6285413c7a779535b94136f0aabff33064eb0153eab235688450)

## Judgment text (excerpt)

17-ARBP-53-2025 corrected.docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION 2. CORAM : SOMASEKHAR SUNDARESAN, J. Date : February 24, 2025 Oral Judgement: 1. This is a Petition under Section 11 of the Arbitration and Conciliation Act, 1996 (“the Act”), which has been filed in rather piquant circumstances. 2. By an order dated August 7, 2023, in view of the two arbitrators nominated by the Petitioner and Respondent No.1 not being able to agree upon a presiding arbitrator, a Learned Single Judge of this Court was pleased to appoint a Retired Judge of this Court as a presiding arbitrator. The order passed under Section 11 of the Act was challenged by Respondent No. 1 before the Supreme Court, which eventually, by an order dated April 8, 2024, February 24, 2025 Shraddha * Judgement is corrected as per Order dated March 3, 2025 17-ARBP-53-2025 corrected.docx dismissed the challenge stating that there was no reason to interfere, since eminently, the arbitration agreement had been appropriately considered by the Learned Single Judge. 3. Respondent No. 2 is now a partner of the firm, in which the Petitioner was once upon a time, a partner. In fact, the disputes and

https://niyam.ai/judgements/high-court/2025/february/darshan-mahendra-nibjya-vs-jayantilal-tarachand-oswal