Case Note & Summary
The petition was filed by Abhay Damodar Kanhere against Morya Infraconstruct Pvt. Ltd. under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment of an arbitrator for disputes arising out of an Agreement for Sale dated November 16, 2019. The arbitration agreement was contained in Article 13.2 of the said Agreement. The Court, presided over by Justice Somasekhar Sundaresan, heard the matter on June 16, 2025, as an oral judgment. The petitioner was represented by Mr. Sanjeev Sawant with Mr. Malhar Bageshwar instructed by Ms. Abhishek Matkar, while the respondent was represented by Mr. Pankaj J. Das. The Court observed that the arbitration agreement was not being extracted but that the matter fell within its jurisdiction. No further details on the decision, reasons, or orders were available in the provided text. The case was identified as Arbitration Petition No. 148 of 2024 under the civil appellate jurisdiction of the High Court. The background of the dispute, the specific issues raised, and the final outcome were not fully elaborated in the extracted portion. The text primarily indicated the filing and the jurisdictional stage of the proceedings.
Headnote
A) Arbitration - Appointment of Arbitrator - Existence of Arbitration Agreement - Arbitration and Conciliation Act, 1996, Section 11 - The petition was filed under Section 11 seeking appointment of an arbitrator in respect of disputes arising from an Agreement for Sale dated November 16, 2019 containing an arbitration clause in Article 13.2; the Court noted that the matter falls within its jurisdiction (Para 1)
Issue of Consideration
Whether an arbitrator should be appointed under Section 11 of the Arbitration and Conciliation Act, 1996, for disputes arising from the Agreement for Sale dated November 16, 2019, given the arbitration agreement in Article 13.2
Law Points
- appointment of arbitrator under Section 11 of Arbitration and Conciliation Act
- 1996
- existence of arbitration agreement
- jurisdiction of court over subject matter
