Authority: High Court of Judicature at Bombay, Commercial Division

Order Date: August 21, 2026

Case Overview

  • Applicant: Anex Realty Services Pvt Ltd (formerly Trespect India Pvt Ltd)
  • Respondent: Ornate Infra Holding Pvt Ltd
  • Dispute arises under a Marketing Services Agreement dated 25 December 2019 (Clause 12 provides for arbitration).
  • On 6 December 2024 the Applicant issued a legal notice demanding payment of INR 69,01,570 plus penalty interest.
  • Respondent replied on 15 February 2025, denying the claim.
  • Applicant served an Arbitration Notice on 28 March 2025 invoking Section 21 of the Arbitration and Conciliation Act, 1996, and proposed Advocate Shipan Gaonkar as sole arbitrator.
  • Respondent replied on 7 April 2025, raised a counter‑claim of INR 4,60,600 and proposed Advocate I.K. Tripathi as sole arbitrator.
  • Respondent contended that all invoices relied upon by the Applicant were issued to Ornate Buildcon Developers, not to Ornate Infra Holding, alleging lack of privity of contract.
  • Applicant argued that the Agreement bears the Respondent’s signature and that the Respondent, in its reply to the Arbitration Notice, invoked Clause 12 and nominated an arbitrator, thereby acknowledging the arbitration clause.
  • The Court examined the scope of Section 11(5) after the 2015 amendment, emphasizing that at this stage only the existence of an arbitration agreement is to be determined, not the merits or detailed factual disputes.
  • Citing Supreme Court precedents (Ajay Madhusudan Patel v. Jyotrindra S. Patel, Duro Felguera, Vidya Drolia, Krish Spg., etc.), the Court held that questions of privity, invoice ownership, and the validity of claims are matters for the arbitral tribunal under Section 16.

Final Outcome

  • The Court appoints Ms. Shubhra Swami Paranjape, Advocate of this Court, as the Sole Arbitrator to adjudicate the disputes arising out of the Marketing Services Agreement.
  • Office address of the arbitrator: 1101, 11th Floor, 1Infinity (formerly Ramnimi Fort), Cawasji Patel Street, Mumbai 400001; Email: swami.shubhra@gmail.com.
  • The Applicant must forward the order to the Sole Arbitrator within one week and provide contact details of both parties.
  • The Sole Arbitrator shall issue the statutory Statement of Disclosure under Section 11(8) read with Section 12(1) to both parties within two weeks of receiving the order.
  • Parties shall appear before the Sole Arbitrator on a date and place to be fixed for procedural directions, including pleadings schedule, witness examination, and hearing timetable. Valid email, mobile and landline numbers of each party’s advocates must be provided; such email addresses will constitute valid service.
  • All arbitral costs and fees shall be borne equally by the parties initially, subject to any final award on costs.
  • All substantive issues—including the outstanding dues, the counter‑claim, the identity of the liable party, and the question of privity—are expressly left open for determination by the arbitral tribunal.
  • The order shall be posted on the Court’s website and a downloaded copy shall be considered sufficient for compliance.

Topics: Arbitration Appointment, Section 11 Application