Case Note & Summary
The petitioner, Sri. Ramakrishna House Building Co-operative Society (R) (South), filed three civil miscellaneous petitions under Section 11(6) of the Arbitration and Conciliation Act, 1996, seeking appointment of a sole arbitrator to adjudicate disputes with the respondent, M/s Skilletch Engineers and Contractors Pvt Ltd (also referred to as Skilltech Engineers and Contractors Pvt Ltd in CMP No. 5/2025). The disputes arose from an agreement dated 30.06.2006, which contained an arbitration clause (Clause No. 17). The petitioner, represented by its President Sri M Sanjeev Shetty, was represented by Advocate Sri Y K Narayana Sharma. The respondent, represented by its Managing Director Sri K Shivashankar, was represented by Advocate Sri Umesh B N. The court, presided over by Hon'ble Mr. Justice Suraj Govindaraj, considered the petitions together. The court noted that the arbitration clause existed and that disputes had arisen between the parties. The respondent raised objections regarding limitation and pre-arbitral conditions, but the court held that these are matters for the arbitrator to decide at the appropriate stage. Consequently, the court allowed the petitions and appointed a sole arbitrator to adjudicate the disputes in terms of the arbitration agreement. The judgment was delivered on 14th November 2025.
Headnote
A) Arbitration Law - Appointment of Arbitrator - Section 11(6) Arbitration and Conciliation Act, 1996 - Existence of Arbitration Clause - Petitioner sought appointment of sole arbitrator to adjudicate disputes under agreement dated 30.06.2006 containing arbitration clause - Court held that since arbitration clause exists and disputes have arisen, appointment of arbitrator is warranted - Held that objections regarding limitation and pre-arbitral conditions are matters for the arbitrator to decide (Paras 1-10).
Issue of Consideration
Whether a sole arbitrator should be appointed under Section 11(6) of the Arbitration and Conciliation Act, 1996, to adjudicate disputes between the parties arising from an agreement dated 30.06.2006 containing an arbitration clause.
Final Decision
The court allowed the petitions and appointed a sole arbitrator to adjudicate the disputes between the parties in terms of the arbitration agreement dated 30.06.2006.
Law Points
- Section 11(6) of Arbitration and Conciliation Act
- 1996
- Appointment of arbitrator
- Existence of arbitration clause
- Limitation for arbitration
- Pre-arbitral conditions
