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IN THE HIGH COURT AT CALCUTTA
SHAMPA SARKAR
Saroj Dey – Appellant
Versus
Ashim Ghoshal – Respondent
JUDGMENT :
SHAMPA SARKAR, J.
1. Affidavit in opposition is taken on record. Mr. Banerjee submits that no reply is necessary.
2. The petitioner seeks appointment of an arbitrator to adjudicate the dispute between the parties which arose out of the infrastructure user agreement dated November 25, 2023. Clause 13 of the said agreement deals with settlement of dispute by arbitration and the same is quoted below:-
“13. Any dispute and/or differences arising out of this Agreement shall be referred to the arbitration by a sole arbitrator to be mutually appointed by the parties, whose decision shall be final and binding on both the Parties and such arbitration shall be conducted as per the provisions of the Arbitration and Conciliation Act, 1996 and/or any amendment made thereunder from time to time. The place of arbitration shall be within Kolkata and only the Courts at Kolkata shall have the jurisdiction in the matter.”
3. The petitioner contends that the respondent was granted leave and licence to occupy Flat No.2A measuring a total super built area of 1350 square feet situated on the second floor of the building at Premises No.29, Panditiya Place, Kolkata, for residential purpose. The leave
The referral court's examination under the Arbitration Act is limited to confirming the existence of an arbitration agreement, with substantive disputes reserved for the Arbitral Tribunal's review.
The court's authority under Section 11 of the Arbitration Act restricts to determining the existence of an arbitration agreement, deferring substantive disputes to the arbitrator.
The court clarified that post-2015 amendments, its role under Section 11 is limited to verifying the existence of an arbitration agreement, with other issues, including limitation, to be resolved by ....
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