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january 2026

Supreme Court of India · 2026-01-05

Motilal Oswal Financial Service ... vs Santosh Cordeiro

Court
Supreme Court of India
Petitioner
Motilal Oswal Financial Service ...
Respondent
Santosh Cordeiro

Judgment text excerpt

The Supreme Court examined the arbitrability of a dispute concerning property located within the jurisdiction of the Presidency Small Cause Courts under Section 41 of the Presidency Small Cause Courts Act, 1882. The High Court had appointed an arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996, dismissing the objection that the dispute was non-arbitrable. The Supreme Court noted that the property in question falls within the Small Causes Court jurisdiction, raising a significant question on arbitrability. The Court emphasized the need to clarify the scope of arbitrability in such cases and the interplay between the Arbitration Act and the Presidency Small Cause Courts Act.

Motilal Oswal Financial Service ... vs Santosh Cordeiro · Niyam