IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO(S). OF 2025 (@ SLP (C) No. OF 2025)

(@ DIARY NO. 18608 OF 2025)

M/S. DEVIKE CONSTRUCTIONS AND DEVELOPERS PVT. LTD. Appellant(s)

VERSUS DILIP VENGSARKAR FOUNDATION Respondent(s)

O R D E R

1. Delay condoned.

2. Leave granted.

3. This appeal by way of special leave arises out of the judgment and order passed by the High Court of Judicature at Bombay in Arbitration Petition No. 216 of 2022 in exercise of its jurisdiction under Section 11 of the Arbitration and Conciliation Act, 1996 (for short, "the Act") whereby the High Court dismissed the arbitration petition on the ground that the appellant is not a party to the Memorandum of Understanding dated 16.06.2011.

4. Heard Mr. Sudhanshu Choudhary, learned senior counsel appearing for the appellant and Mr. Shrirang Varma, learned counsel appearing for the respondent.

5. Having considered the matter in detail and in view of the decision of this Court in SBI General Insurance Co. Ltd. v. Krish Signature Not Verified Spinning reported in 2024 INSC 532 and also in view of the decision Digitally signed by KAPIL TANDON Date: 2025.05.14 Reasoon:f this Court in Cox and Kings v. SAP India Pvt Ltd. reported in

2024 INSC 670, we are of the opinion that issue relating to arbitrability, existence of the arbitration agreement as well as privity of the parties to the arbitration agreement can be raised and contested before the Arbitral Tribunal. We also make it clear that the respondent will be entitled to raise all pleas including the issue of maintainability of the arbitral proceedings as well as the issue of limitation before the Arbitral Tribunal.

6. With the consent of both the parties, we appoint Justice Ms. Shalini Phansalkar Joshi, former Judge of the Bombay High Court, as the sole arbitrator to adjudicate the disputes between the parties. 7. In the event it is held that the appellant is not entitled to invoke arbitration then the Tribunal would consider grant of litigation costs to the respondent.

8. In view of the above, the appeal stands disposed of.

9. Pending application(s), if any, shall stand disposed of.

…………………………………………………………………………J.

[PAMIDIGHANTAM SRI NARASIMHA]

…………………………………………………………………………J.

[JOYMALYA BAGCHI]

NEW DELHI;

MAY 06, 2025 ITEM NO.17 COURT NO.11 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS SPECIAL LEAVE PETITION (CIVIL) Diary No(s). 18608/2024 [Arising out of impugned final judgment and order dated 12-01-2024 in ARBP No. 216/2022 passed by the High Court of Judicature at Bombay]

M/S. DEVIKE CONSTRUCTIONS AND DEVELOPERS PVT. LTD. Petitioner(s)

VERSUS DILIP VENGSARKAR FOUNDATION Respondent(s)

IA No. 104309/2024 - CONDONATION OF DELAY IN FILING IA No. 104311/2024 - EXEMPTION FROM FILING C/C OF THE IMPUGNED

JUDGMENT

IA No. 112367/2024 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES Date : 06-05-2025 This matter was called on for hearing today.

CORAM : HON'BLE MR. JUSTICE PAMIDIGHANTAM SRI NARASIMHA HON'BLE MR. JUSTICE JOYMALYA BAGCHI For Petitioner(s) :Mr. Sudhanshu Choudhary, Sr. Adv.

Mr. Shashibhushan P. Adgaonkar, AOR Mr. Anoop Raj, Adv.

For Respondent(s) :Mr. Shrirang Varma, Adv.

Mr. Anand Dilip Landge, AOR UPON hearing the counsel the Court made the following

O R D E R

1. Delay condoned.

2. Leave granted.

3. The Civil Appeal stands disposed of in terms of the Signed Order.

4. Pending application(s), if any, shall stand disposed of. (KAPIL TANDON) (NIDHI WASON)

COURT MASTER (SH) COURT MASTER (NSH)

(Signed Order is placed on the file)