SANJIV MANMOHAN GUPTA vs SAI ESTATE CONSULTANTS CHEMBUR PVT. LTD.

Judgment text excerpt

J-43-CARAPL-458-2024&CARBPL-29862-23 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION COMMERCIAL ARBITRATION APPLICATION NO. 458 OF 2024 Sanjiv Manmohan Gupta …Applicant Versus Sai Estate Consultants Chembur Pvt. Ltd. …Respondent WITH COMMERCIAL ARBITRATION PETITION (L) NO. 29862 OF 2023 Sanjiv Manmohan Gupta …Applicant Versus Sai Estate Consultants Chembur Pvt. Ltd. …Respondent Mr. Nirman Sharma, a/w Krushang Kedia, i/b Girish Kedia, Advocates for the Applicant/Petitioner. Mr. Dharam Jumani, a/w Suraj Iyer, Mr. Mihir Nerurkar, Gauri Joshi, i/b Ganesh & Co., Advocates for Respondent. CORAM: SOMASEKHAR SUNDARESAN, J. RESERVED ON: February 3, 2025 PRONOUNCED ON: March 11, 2025 Digitally signed by ASHWINI Page 1 of 11 ASHWINI JANARDAN JANARDAN VALLAKATI VALLAKATI Date: March 11, 2025 2025.03.11 14:48:09 +0530 J-43-CARAPL-458-2024&CARBPL-29862-23 JUDGEMENT: Context and Factual Background: 1. The captioned proceedings entail an Application under Section 11 (“Section 11 Application”) of the Arbitration and Conciliation Act, 1996 (“ the Act”), and a Petition filed under Section 9 of the Act (“ Section 9 Petition”). The short question that needs consideration is whether the parties have executed an arbitration agreement. 2. The Respondent had availed of services of the Applicant-Petitioner for outdoor advertisements on hoardings. The Applicant-Petitioner makes a claim for outstanding payments owed by the Respondent for such services. Contentions of the Parties: 3. It is the Applicant-Petitioner’s case that the arbitration agreement is contained in the invoices raised by the Applicant-Petitioner on the Respondent – these invoices were raised during the period between February 2018 and June 2019 (found on pages 41, 49, 55,