Spenta Vintage Pvt. Ltd. v. Evershine No II Chs Ltd.
Case brief
What is this about?
Consent-based reference to arbitration under Section 11, Arbitration and Conciliation Act 1996; appointment of sole arbitrator (Ms. Spenta Kapadia); Bombay High Court OOCJ; Spenta Vintage Pvt. Ltd. v. Evershine No. II CHS. Ltd.; Section 9 petition converted to Section 17 application; stamp-duty contentions left open; arbitral costs borne equally in first instance; no opinion on merits; all issues kept open before arbitral tribunal.
What did the court decide?
Both the Section 11 Application (No.204 of 2024) and the Section 9 Petition (No.575 of 2024) finally disposed of by consent: Ms. Spenta Kapadia appointed Sole Arbitrator to adjudicate the disputes arising out of and in connection with the Agreement; the Section 9 Petition converted into an application under Section 17 of the Act for immediate consideration by the arbitral tribunal; statutory disclosure under Sections 11(8)/12(1) within two weeks; arbitral costs and fees borne equally in the first instance subject to any final award on costs; all contentions, including stamp-duty law implications, and all merits issues left open.