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SABYASACHI BHATTACHARYYA
Basant Kumar Khemka – Appellant
Versus
City Shoppe Estates Limited – Respondent
JUDGMENT :
Sabyasachi Bhattacharyya, J.
1. The present applications under Section 11 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as “the 1996 Act”) has been filed by two owners of flats in a Housing Complex called "Diamond Towers".
2. One M/s Jhansi Fuels & Chemicals Limited, the developer of the building complex, entered into an agreement for sale with one M/s Trot Shoe Company (P) Limited and pursuant thereto, executed a sale-deed in favour of the said M/s Tort Shoe on July 3, 1991 in respect of the subject property. On November 9, 1994, M/s Trot Shoe Company Private Limited sold the said premises to one Amlan Singha.
3. Amlan Singha, in turn, sold the subject property to the present petitioners on September 1, 2020 by a registered sale deed.
4. Meanwhile, M/s Jhansi Fuels and Chemical Limited was renamed as City Shoppe Estates Limited, the present respondent.
5. The petitioners issued a notice under Section 21 of the 1996 Act to the respondent on October 18, 2023, invoking the arbitration clause contained in an agreement dated May 2, 1995 entered into between M/s Jhansi Fuels & Chemicals Limited and seven owners of Diamond Towers who, as per the said agreeme
Successors-in-interest can invoke arbitration clauses from agreements made by original parties, broadening the definition of 'party' under the Arbitration and Conciliation Act, 1996.
The appointment of an arbitrator under Section 11 of the Arbitration and Conciliation Act requires only a prima facie examination of the arbitration agreement's existence, with mixed questions of law....
Point of Law : Exercise of judicial power under Section 11 (6A) of the Act is concerned, the Designated Judge should confine himself only to the examination of the existence of an arbitration agreeme....
A notice under Section 21 is not required for a Section 11 application, and the Consumer Forum does not have jurisdiction over counterclaims in a commercial dispute.
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....
The main legal point established in the judgment is the principle of minimal judicial intervention in the arbitral process, emphasizing the competence of the arbitrator to decide all preliminary issu....
The existence of an arbitrable dispute, the validity of the arbitration agreement, and the existence of an arbitrable dispute are to be determined by the arbitral tribunal.
The main legal point established in the judgment is the validity and enforceability of the arbitration agreement, the arbitrability of the disputes, and the jurisdiction of the court to appoint an ar....
The main legal point established is that for a dispute to be referred to an arbitrator under Section 11(6) of the Arbitration Act, it must arise from the agreement and be arbitrable in nature.
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