SHRI. SANJAY BHAGWAN PATIL SOLE PROPRIETOR OF M/S. VIKRANT DEVELOPERS v. 1) RASHIDA SADIQBHAI KALYANWALLA
Discusses commencement of arbitration, arbitrator appointment, disclosure requirements, and the principle of lis pendens.
Court: Bombay High Court
Citation: 2025:BHC-AS:30136
Decision Date: 09-07-2025
List of Laws
Arbitration and Conciliation Act, 1996; General Principles of Law
- Arbitration and Conciliation Act, 1996: The judgment pertains to a petition filed under Section 11 of the Arbitration and Conciliation Act, 1996, seeking the appointment of an arbitrator. The arbitration agreement is contained in Clause No. 15 of the Development Agreement. The court also refers to Section 11(8) read with Section 12(1) of the Act, regarding the statutory statement of disclosure to be forwarded by the Learned Sole Arbitrator. The judgment also mentions Section 21 of the Act, stating that the date of commencement of arbitral proceedings is the date of the invocation notice.
- General Principles of Law: The judgment discusses the principle of "lis pendens" in relation to whether the conveyance deed is affected by it, stating it is a mixed question of fact and law to be determined by the Arbitral Tribunal. The judgment also touches upon the effect of the demise of a party to the arbitration agreement.
🔒 For Members Only