Manisha Gurucharan Bansal v. Gtl Infrastructure Limited

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION ARBITRATION PETITION NO.97 OF 2025 Mrs. Manisha Gurucharan Bansal ....Petitioner

Versus

GTL Infrastructure Limited ....Respondent Mr. Atul Vanarase a/w. Padmanabh D. Pise & Sejal Hariyan i/b. P. Padmanabh & Associates, Advocates for Petitioner. Ms. Srija Singh i/b.Alathea Law LLP, Advocate for Respondents.

CORAM: SOMASEKHAR SUNDARESAN, J.

DATE : JULY 17, 2025 ORDER :

1.

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 a License Deed dated February 26, 2015 ("Agreement"). The arbitration agreement is contained in Clause 22 (found at Page 41 of the Petition) of the Agreement. In the interest of brevity, the arbitration agreement is not being extracted here. Suffice it to say that this matter falls within the jurisdiction of this Court.

Digitally signed by AARTI GAJANAN PALKAR Date:

2025.07.21 13:32:49 +0530 AARTI GAJANAN PALKAR

2.

Learned Counsel for the Respondent does not contest the existence of an arbitration agreement, her objections relate to whether the disputes are arbitrable, which falls squarely in the domain of the Learned Arbitral Tribunal under Section 16 of the Act. 3.

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.

4.

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 Learned Sole Arbitrator.

1 In Re: Interplay Between Arbitration Agreement under Arbitration and Conciliation Act, 1996 and Stamp Act, 1899 - (2024) 6 SCC 1 2 SBI General Insurance Co. Ltd. Vs. Krish Spinning - 2024 SCC OnLine 1974 3 Ajay Madhusudan Patel Vs. Jyotindra S. Patel - 2024 SCC OnLine, 2597

5.

In these circumstances, this Application is finally disposed of, in terms of the following order:

A] Mr. Kapil Moye, a learned 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; Office Address:- Sonawalla Building, 2nd Floor, Mumbai Samachar Marg, Fort, Mumbai-400 023.

Email ID:

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

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 parties within a period of two weeks from receipt of a copy of this Order; 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;

E] All arbitral costs and fees of the Arbitral Tribunal shall be borne by the parties equally in the first instance, and shall be subject to any final Award that may be passed by the Tribunal in relation to costs.

6.

This Petition is a combined Petition invoking both Section 9 as well as Section 11 of the Act. The prayer for interlocutory reliefs shall be examined by the Learned Arbitral Tribunal at the earliest, treating the contents of this Petition as an Application under Section 17 of the Act. The Learned Arbitral Tribunal is requested to convene at the earliest, preferably within a week of being approached by the parties, to give instructions to the parties on how to proceed further in this regard. 7.

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.

8.

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.

[ SOMASEKHAR SUNDARESAN, J.]