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2023 Supreme(Bom) 2267

MANISH PITALE
Neel Developers – Appellant
Versus
Panvel Medical Research Centre – Respondent


Advocates appeared:
Ms. Gunjan Jayakar a/w. Mr. Sunil Jayakar and Mr. Miheer S. Jayakar for Petitioner; Mr. Shardul Singh a/w. Ms. Sayali Sawant and Preet Chheda for Respondent.

ORDER

1. In this petition filed under Section 11 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the said Act) for appointment of arbitrator, in the light of the objections raised on behalf of the respondent, the questions that arise for consideration are - (i) whether the disputes between the parties can be referred to arbitration as per an arbitration clause in a Memorandum of Understanding (MoU) executed between the parties, when the petitioner seeks to assert rights arising from leave and licence agreements executed between the parties and in the light of the position of law that where special courts / fora are available for determination of such disputes, arbitration cannot be resorted to; (ii) whether arbitration clause in the MoU can be the basis for seeking appointment of arbitrator when the disputes pertain to leave and licence agreements, which do not contain arbitration clauses; and (iii) whether a single invocation of the arbitration clause found in the MoU can lead to appointment of an arbitrator in the context of the three leave and licence agreements?

2. The facts giving rise to the said questions are that the petitioner entered into three sep

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