The High Court lacks jurisdiction to review an order passed under Section 11 of the Arbitration and Conciliation Act, 1996, as the Act is a self-contained code and the Court becomes functus officio upon the appointment of an arbitrator.

REV.APLO No. 14 of 2026

To review the order dated 22.04.2025 passed in Arb.O.P. (Com.Div) No.75 of 2025.

REV.APLO No. 15 of 2026

To review the order dated 22.04.2025 passed in Arb.O.P. (Com.Div) No.76 of 2025.

REV.APLO No. 16 of 2026

To review the order dated 22.04.2025 passed in Arb.O.P. (Com.Div) No.77 of 2025.

COMMON ORDER

The issue that arises for consideration in these review applications is whether an order passed by this Court under Section 11 of the Arbitration and Conciliation Act, 1996 appointing an Arbitrator can be reviewed through review applications.

2. These review applications have been filed pursuant to the permission granted by the Hon’ble Supreme Court to the applicants by its order dated 16.02.2026 in SLP (Civil) Diary No.8147 of 2026. In the said Special Leave Petition (SLP), the applicants sought to withdraw the SLP with liberty to approach the High Court and file the review applications. The permission sought for by the applicants was granted by the Hon’ble Supreme Court in the aforesaid order dated 16.02.2026. Based on the said permission granted by the Hon’ble Supreme Court, these review applications have been filed.

3. By order dated 22.04.2025 in the petitions filed under Section 11 of the Arbitration and Conciliation Act, 1996 (in short “the Act”), in Arb.O.P. (Com.Div.) Nos.75 to 77 of 2025, this Court, based on the joint endorsement made by both the counsels, on instructions, which is recorded in the said order, had appointed Hon’ble Dr.Justice S.Muralidhar, former Chief Justice of Orissa High Court, as the Sole Arbitrator to adjudicate the dispute between the parties.

The common order dated 22.04.2025 passed by this Court in the Section 11 petitions is self-explanatory. The same is also reproduced hereunder:

‘(a)In view of the joint endorsement made by both the counsels on instructions, this Court appoints Hon'ble Dr.Justice S.Muralidhar, Former Chief Justice of Orissa High Court, having address at Ground Floor, 15, Sadhna Enclave, Panchsheel Park, New Delhi 110 017, Mobile No. 98727 27986 as the Sole Arbitrator to adjudicate the dispute between the petitioner and the respondents, arising out of the Share Purchase Agreement dated 31.05.2017 and Memorandum of Undertaking dated 04.07.2016 and 05.07.2016, on merits and in accordance with law;

(b)The Arbitrator shall be paid his remuneration/fees in accordance with the 4th schedule of the Arbitration and Conciliation Act, 1996;

(c)Both the parties shall equally share the Arbitrator's fees;

(d)The Arbitrator shall conduct the arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996 and shall complete the arbitration within the specified time as prescribed under the said Act.

Consequently, connected applications are closed. Liberty is granted to both the parties to file applications under Section 17 of the Arbitration and Conciliation Act, 1996 before the Arbitrator in case they desire to seek interim protection pending arbitration. The closure of the applications i.e. O.A. No.336 of 2019 & A.Nos.2534 & 2535 of 2019 by this Court will not have any bearing, while the Arbitrator decides the Section 17 applications if filed by any of the parties to the dispute. No costs.’.

4. The applicants were the respondents in the Section 11 petitions filed by M/s.Anir Tech Park Private Limited, represented by its Director P.Kannadasan. The contention of the applicants in these review applications is that they never consented to allow the Section 11 petitions filed by M/s.Anir Tech Park Private Limited unconditionally as the said petitions according to them have been filed beyond th