D.N. Nagar Niwara Co-Operative Housing Society Ltd. v. Westin Spaces Pvt. Ltd.
Case brief
What is this about?
Section 11 appointment of sole arbitrator; scope of Section 11 review limited to existence of validly executed arbitration agreement per seven-judge Bench Interplay judgment (2024) 6 SCC 1, SBI General Insurance v. Krish Spinning, Ajay Madhusudan Patel v. Jyotrindra S. Patel; existential questions for arbitral tribunal under Section 16; Section 11(6A); invocation notice November 6, 2024 unanswered; Agreement dated June 2, 2021, arbitration Clause 56; Retired Justice S.J. Kathawalla appointed Sole Arbitrator; Section 9 petition converted to Section 17 application; D.N. Nagar Niwara Co.operative Housing Society Ltd. v. Westin Spaces Pvt. Ltd.; BMC Respondent No.2; Bombay High Court, Somasekhar Sundaresan J., March 24, 2025; merits left open.
What did the court decide?
Retired Justice Mr. S.J. Kathawalla, former Judge of this Court, appointed as Sole Arbitrator to adjudicate the disputes arising out of and in connection with the Agreement dated June 2, 2021; Section 11 Application finally disposed of with referral of disputes to arbitration; Commercial Arbitration Petition No. 751 of 2024 (Section 9) converted into an application under Section 17 before the Arbitral Tribunal and finally disposed of; arbitral costs and fees of the Tribunal to be borne equally by the parties in the first instance, subject to any final award on costs.