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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
HON'BLE SHRI JUSTICE SOMASEKHAR SUNDARESAN
Shreegopal Barasia – Appellant
Versus
M/s. Creative Homes & Ors – Respondent
JUDGMENT :
SOMASEKHAR SUNDARESAN, J.
1. This is a Petition under Section 11 of the Arbitration and Conciliation Act, 1996 (“the Act”) seeking to refer disputes and differences that have arisen between the parties in connection with an agreement dated February 19, 2007, and another deed dated August 14, 2015 (which cancelled the agreement dated February 19, 2007).
2. The arbitration agreement contained in each of the aforesaid instruments is identical in terms, and reads thus :
15 In case any dispute or difference arise between the parties hereto in regard to the said project or in regard to the construction and/ or interpretation of any of the clauses herein contained then the same shall be referred to the sole arbitrator as per the provisions of the Arbitration and Conciliation Act, 1996. The Venue of the arbitration shall be Navi Mumbai and language English. [Emphasis Supplied]
3. Each of these clauses relates to disputes and differences in connection with the construction or interpretation of any of the clauses of the respective instrument. The venue of the arbitration is within the territorial jurisdiction of this Court.
Respondents’ Objections:
4. The primary opposition by the Respon
The court upheld the referral of disputes to arbitration, affirming that the existence and validity of arbitration agreements are matters for the Arbitral Tribunal to determine.
The main legal point established in the judgment is the requirement for an unequivocal and unambiguous consent by the parties to arbitrate, and the application of the prima facie test to determine th....
A partner cannot submit a dispute to arbitration without express authority from all partners, as required by Section 19(2)(a) of the Indian Partnership Act.
The court reaffirmed that the scope of inquiry under Section 11 is limited to determining the prima facie existence of an arbitration agreement, and the withdrawal of a prior application does not con....
The referral court's scope under Section 11(6-A) is limited to the prima facie existence of an arbitration agreement. A formal notice under Section 21 is not mandatory if the respondent has prior kno....
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