ABHAY DAMODAR KANHERE vs MORYA INFRACONSTRUCT PRIVATE LIMITED THR.ITS DIR.MR. GANESH B. PARAB

Judgment text excerpt

28.ARP.148.2024.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION ARBITRATION PETITION NO.148 OF 2024 Abhay Damodar Kanhere ….Petitioner Versus Morya Infraconstruct Pvt. Ltd. ...Respondent Mr. Sanjeev Sawant a/w. Mr. Malhar Bageshwar i/b Abhishek Matkar, Advocate for Petitioner. Mr. Pankaj J. Das, Advocate for Respondent. CORAM: SOMASEKHAR SUNDARESAN, J. DATE : JUNE 16, 2025 ORAL JUDGEMENT : Context and Background: 1. This Petition has been filed under Section 11 of the Arbitration and Conciliation Act, 1996 (“Arbitration Act”) seeking appointment of an arbitrator in connection with disputes and differences arising out of an Agreement for Sale dated November 16, 2019 ( “Agreement”). The arbitration agreement is contained in Article 13.2 (found at Page 83 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 AARTI GAJANAN GAJANAN PALKAR PALKAR Date: 2025.06.19 Page 1 of 10 17:38:52 +0530 June 16, 2025 Aarti Palkar 28.ARP.148.2024.doc 2. The core scope of dispute between the parties is about the provision of amenities in the flat purchased by the Petitioner from the Respondent not being in conformity with the Agreement. It is common ground that the agreement in question has an arbitration clause as an arbitration agreement contained in Article 13.2 (Page 83). Core Issue: 3. For purposes of these proceedings, the only objection that is presented for my consideration on behalf of the Respondent is a point of law, namely, that the disputes sought to be raised by the Petitioner are not arbitrable in view of a judgment dated October 25, 2024 passed by the Learned Single Judge of this C