Arbitration Original Petition (Commercial Division) under Sections 11(5)/11 of the Arbitration and Conciliation Act, 1996 — appointment of Sole Arbitrator — disputes arise out of two contracts: a Joint Development Agreement dated 31.01.2022 between the petitioners (land owners) and the first respondent (developer) for development of a layout comprising 8,00,000 square feet, and a tripartite Memorandum of Understanding dated 27.11.2023 signed by the petitioners, the first respondent and the second respondent, which expressly refers to the Joint Development Agreement and pertains to sale and marketing of the developed plots on the same property — both contracts contain arbitration clauses with seat/venue at Chennai — first respondent objected to a composite reference, contending the arbitration clauses are separable, the disputes under the two contracts are different, and the MoU stood terminated by it on 21.06.2025 — held, the referral court's enquiry under Section 11 is confined to a limited, prima facie scrutiny of the existence of an arbitration agreement (Cox and Kings; SBI General Insurance Company Ltd. vs. Krish Spinning relied on) — on a prima facie consideration the two contracts were found interlinked, the outcome of the dispute under one being dependent on the outcome of the dispute under the other, so there cannot be two separate arbitral references — Duro Felgura distinguished on facts as it involved five different packages and a Corporate Guarantee with separate arbitration clauses; the other authorities cited by the first respondent also distinguished on facts — Hon'ble Mr. Justice V.Gangapurwala, Former Chief Justice of the Madras High Court, appointed as Sole Arbitrator for both contracts, fees per the 4th Schedule of the Act or mutual consent, fees shared equally — liberty to the first respondent to raise the same objections under Section 16 before the Arbitrator — O.A. Nos. 775 and 776 of 2025 treated as Section 17 applications, to be decided by the Arbitrator first, with interim orders extended till their disposal — all observations prima facie only; issue of possession left open to the Arbitrator — petition disposed of with no costs.
