Mrs. Prity P. Rajput and Another vs S. D. Bhalerao Associates and Others

This Petition has been filed under Section 11 of the Arbitration and Conciliation Act, 1996 ( “the Act” ), seeking appointment of an arbitrator in connection with disputes and differences that are said to have arisen between the parties under an agreement dated September 13, 2007 (“ Agreement ”). The arbitration agreement is contained in Clause 28 (found at Page 160 of the Petition). In the interest of brevity,

¶17

ASHWINI JANARDAN VALLAKATI

¶18

Digitally signed by ASHWINI JANARDAN VALLAKATI Date: 2026.01.20 14:49:19 +0530

¶19

the arbitration agreement is not being extracted here. Suffice it to say that this matter falls within the jurisdiction of this Court.

Page 1 of 5

January 16, 2026

Ashwini Vallakati

3-ARP-94-2024+.doc

It is apparent from the record that the arbitration agreement was invoked by the Petitioner on December 22, 2021. There is no reply filed to the said invocation.

¶25

The scope of review under Section 11 is explicitly set out in Section 11(6A) of the Act. It is now trite law, with particular regard to the decisions of a seven-judge bench in the Interplay Judgement¹ followed by multiple others, including SBI General² and Patel³ that the Section 11 Court ought not to venture beyond examining the existence of a validly existing arbitration agreement that has been formally executed. Even questions of existential substance is a matter that falls squarely in the domain of the arbitral tribunal, in view of Section 16 of the Act.

¶26

Being satisfied that an arbitration agreement is validly in existence, and that arbitration has been duly invoked, it is in the fitness of things to refer the disputes and differences between the parties in connection with the aforesaid agreement to arbitration by a Sole Arbitrator.

¶27

In these circumstances, this Petition are hereby finally disposedof , in terms of the following order:

¶28

1 In Re: Interplay Between Arbitration Agreement under Arbitration and Conciliation Act, 1996 and Stamp Act, 1899 (2024) 6 SCC 1

¶29

2 SBI General Insurance Co. Ltd. Vs. Krish Spinning, 2024 SCC OnLine 1974

¶30

3 Ajay Madhusudan Patel Vs. Jyotindra S. Patel, 2024 SCC OnLine, 2597

Page 2 of 5

January 16, 2026

Ashwini Vallakati

3-ARP-94-2024+.doc

A) Mr. Rajesh Datar, an advocate of this Court, is hereby appointed as the Sole Arbitrator to adjudicate upon the disputes and differences between the parties arising out of and in connection with the Agreement referred to above;

¶36

Office Address:- 2, Blaze Business Centre, First Floor, Birla Mansion, Near Commerce House, 134, N M Road, Fort, Mumbai 400 023 Email ID: [email protected]

¶37

B) A copy of this Order will be communicated to the Learned Sole Arbitrator by the Advocates for the Petitioner within a period of one week from the date of upload of this order. The Petitioner shall provide the contact and communication particulars of the parties to the Arbitral Tribunal along with a copy of this Order;

¶38

C) The Learned Sole Arbitrator is requested to forward the statutory Statement of Disclosure under Section 11(8) read with Section 12(1) of the Act to the

Page 3 of 5

January 16, 2026

Ashwini Vallakati

3-ARP-94-2024+.doc

Advocates for the Petitioner so as to enable them to

¶44

file the same in the Registry of this Court. The Registry of this Court shall retain the said Statement on the file of this Petition and a copy of the same shall be furnished by the Advocates for the Petitioner to the Respondent;

¶45

D) The parties shall appear before the Learned Sole Arbitrator on such date and at such place as indicated, to obtain appropriate directions with regard to conduct of the arbitration including fixing a schedule for pleadings, examination of witnesses, if any, schedule of hearings etc. At such meeting, the parties shall provide a valid and functional email address along with mobile and landline numbers of the respective Advocates of the parties to the Arbitral Tribunal. Communications to such email addresses shall constitute valid service of correspondence in connection with the arbitration;

¶46

E) All arbitral costs and fees of the Arbitral Tribunal shall be borne by the parties equally in the first instance,

Page 4 of 5

January 16, 2026

Ashwini Vallakati

3-ARP-94-2024+.doc

and shall be subject to any final Award that may be passed by the Tribunal in relation to costs.

¶52

Needless to say, nothing contained in this order is an expression of an opinion on merits of the matter or the relative strength of the parties. All issues on merits are expressly kept open to be agitated before the arbitral tribunal appointed hereby.

¶53

All actions required to be taken pursuant to this order shall be taken upon receipt of a downloaded copy as available on this Court’s website.

¶54

[ SOMASEKHAR SUNDARESAN, J.]

¶55

Page 5 of 5

¶56

January 16, 2026

¶57

Ashwini Vallakati

Mrs. Prity P. Rajput and Another v. S. D. Bhalerao Associates and Others

Case brief

What is this about?

What did the court decide?

Mrs. Prity P. Rajput and Another v. S. D. Bhalerao Associates and Others

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Future Generali India Insurance Company Limited vs Reliance General Insurance Company Limited

Trading and Agency Services Limited Wll vs Ion Exchange India Limited

Link Tower Co-Operative Housing Society Limited vs Girishchandra Purshottamdas Sadh

Unigrow on Infrastructure Housing LLP vs Hill Park Co. Operative Housing Society

S.N.C. Trading Company Thr Its Proprietor Nikhil Suresh Chavan vs S.S. Trading Company Limited Thr Poa Mr. Sagar Saroi

Digvijaysingh Rohidas Bhati vs M/S. G-Orbit