Prateek Sikri v. M/S Harvest Hotels and Serviced Apartments Private Limited
Arbitration and Conciliation Act, 1996 – Sections 11(5) and 11(6)
Case brief
What is this about?
HC-Karnataka, Bengaluru; Suraj Govindaraj J.; CMP No. 815 of 2022; decided 17.10.2025. Section 11(5)/(6) Arbitration and Conciliation Act petition by Prateek Sikri against Harvest Hotels and Serviced Apartments Pvt Ltd (through IRP Shailendra Ajmera, Ernst and Young LLP) seeking sole arbitrator under clause 7.1 of Agreement to Sell dated 24.10.2016 and clause 11.1 of Lease Deed dated 01.11.2016; withdrawn by memo after NCLT approved Resolution Plan in CP (IB) No144(PB)/2022; dismissed as infructuous.
What did the court decide?
The Court accepted the petitioner's withdrawal memo and dismissed the petition as having become infructuous, in view of the NCLT's approval of the Resolution Plan; the question of appointment of an arbitrator was therefore not adjudicated. ¶¶38