Case Note & Summary
The case involves a dispute between M/s Sky One Corporate Park LLP and others (petitioners) and Shobha Rasiklal Dhariwal and another (respondents) arising out of a partnership deed. The petitioners filed Arbitration Petition No. 146 of 2024 under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment of an arbitrator, and Interim Application No. 11797 of 2024 under Section 9 of the Act seeking interim relief. The court found that the partnership deed contained an arbitration clause, and disputes had arisen between the parties. The court appointed an arbitrator to adjudicate the disputes and granted interim relief to protect the subject matter of the arbitration, including an order restraining the respondents from alienating or encumbering the property in question. The decision was made by Justice Somasekhar Sundaresan on September 16, 2025.
Headnote
A) Arbitration Law - Appointment of Arbitrator - Section 11 of Arbitration and Conciliation Act, 1996 - Existence of arbitration agreement - Court appointed arbitrator as disputes arose from a partnership deed containing an arbitration clause - Held that the arbitration agreement is valid and arbitrator appointed (Paras 1-5).
B) Arbitration Law - Interim Relief - Section 9 of Arbitration and Conciliation Act, 1996 - Protection of subject matter - Court granted interim relief to prevent alienation of property pending arbitration - Held that interim protection is necessary to preserve the subject matter of dispute (Paras 6-10).
Issue of Consideration
Whether an arbitrator should be appointed under Section 11 of the Arbitration and Conciliation Act, 1996, and whether interim relief should be granted under Section 9 of the Act pending arbitration.
Final Decision
The court allowed the arbitration petition and appointed an arbitrator. The court also allowed the interim application and granted interim relief to protect the subject matter of the dispute.
Law Points
- Arbitration agreement
- Appointment of arbitrator
- Interim relief
- Section 11 of Arbitration and Conciliation Act
- 1996
- Section 9 of Arbitration and Conciliation Act
Case Details
2025 LawText (BOM) (09) 75
Arbitration Petition No. 146 of 2024 with Interim Application No. 11797 of 2024
Ms. Gulnar Misty (through VC) a/w. Mr. Subit Chakrabarti, Ms Khushnumah Banerjee & Ms Aashka Vora i/b. Vidhii Partners for Petitioners; Mr. Vishwajeet Sawant, Senior Advocate a/w. Mr. Aniket Nikam & Ms. Shraddha Khandhadia i/b. Mr. Ashish Pawar for Respondents
M/s Sky One Corporate Park LLP & Ors.
Shobha Rasiklal Dhariwal & Anr.
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Nature of Litigation
Arbitration petition for appointment of arbitrator and interim application for interim relief in a partnership dispute.
Remedy Sought
Petitioners sought appointment of an arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996 and interim relief under Section 9 of the Act.
Filing Reason
Disputes arose between the parties under a partnership deed containing an arbitration clause.
Issues
Whether an arbitrator should be appointed under Section 11 of the Arbitration and Conciliation Act, 1996?
Whether interim relief should be granted under Section 9 of the Act pending arbitration?
Submissions/Arguments
Petitioners argued that disputes arose under the partnership deed which contains an arbitration clause, warranting appointment of an arbitrator and interim protection.
Respondents opposed the appointment and interim relief, but details of their submissions are not mentioned.
Ratio Decidendi
Where a valid arbitration agreement exists between parties and disputes arise, the court has the power to appoint an arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996. Additionally, the court may grant interim relief under Section 9 of the Act to preserve the subject matter of the arbitration.
Judgment Excerpts
The court appointed an arbitrator to adjudicate the disputes.
The court granted interim relief to protect the subject matter of the arbitration.
Procedural History
The petitioners filed Arbitration Petition No. 146 of 2024 under Section 11 of the Arbitration and Conciliation Act, 1996, along with Interim Application No. 11797 of 2024 under Section 9 of the Act. The court heard the matter and delivered judgment on September 16, 2025.
Acts & Sections
- Arbitration and Conciliation Act, 1996: Section 11, Section 9
