Rajendra Armugam Pillay v. Ratanraj Armugam Piilay
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION ARBITRATION PETITION NO.137 OF 2025 Rajendra Armugam Pillay & Anr.
....Petitioners
Versus
Ratanraj Armugam Piilay & Anr.
....Respondents Ms. Mrinal Shelar, for Petitioners.
Mr. Siddesh Shirke i/b. Akshay Deshmukh, for Respondents. CORAM: SOMASEKHAR SUNDARESAN, J.
DATE : DECEMBER 22, 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 Reconstitution of Partnership Deed dated April 1, 2014 ("Agreement"). The arbitration agreement is contained in Clause 23 (found at Page No.19 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:
2025.12.29 13:54:56 +0530 AARTI GAJANAN PALKAR
2.
The Petitioners have invoked arbitration on August 7, 2024 to which there is no response from the Respondents. The existence of the arbitration agreement is not in dispute. The attempts to mediate have failed. Therefore, no useful purpose would be served by keeping this matter pending any further on the docket of this Court. 3.
The arbitration agreement entails the constitution of a threemember Arbitral Tribunal. By a letter dated August 7, 2024, the Petitioners have already nominated their arbitrator. In these circumstances, the nominee arbitrator on behalf of the Respondents is hereby appointed by nominating Mr.Chaitanya Nikte, a learned advocate of this Court as the nominee arbitrator and the two arbitrators so appointed shall appoint the third arbitrator, who shall act as the presiding arbitrator. The details of the Learned Arbitrator are as under:- Office Address :- Office No. 201, Amelia, 2nd Floor, CTS No.
1102/A/6, Near Hotel Ambassador, Model Colony, Pune - 411 016.
Email :- legal@niktelaw.com 4.
Today, Learned Advocate for the Respondents submits that he has received instructions that the advocate is sought to be replaced at this stage, and the matter may be adjourned. This request for
replacement at this stage is not acceptable as the matter has been stood over from time to time. The parties were sent to mediation too, and merely on the ground of change of advocate and the matter cannot be further adjourned.
5.
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 Supreme Court's decision rendered by 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. 6.
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 appoint a nominee arbitrator on behalf of the Respondent. 7.
The Petition is finally disposed of in the aforesaid terms. 8.
A copy of this Order will be communicated to the nominee Arbitrator by the Advocates for the Petitioners within a period of one 1 In Re: Interplay Between Arbitration Agreements under the Arbitration and Conciliation Act, 1996 and Stamp Act, 1899 - (2024) 6 SCC 1 2 SBI General Insurance Co. Ltd. v. Krish Spinning - 2024 SCC OnLine SC 1754 3 Ajay Madhusudan Patel v. Jyotrindra S. Patel - 2024 SCC OnLine SC 2597
week from the date on which this order is uploaded on the website of this Court.
9.
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. 10.
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.]