Authority: High Court of Uttarakhand, Nainital

Order Date: 11 September 2026

Case Overview

  • Parties: MS GTM Builders And Promoters Pvt. Ltd. (Petitioner) vs. MS Fun Gateway Arena Pvt. Ltd. (Respondent).
  • Arbitration Application: No. 56 of 2024 filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 for appointment of an arbitrator.
  • Underlying Contract: License Agreement dated 30 October 2023, supplemented by an addendum dated 15 May 2024, governing payment of license fees.
  • Arbitration Clause (Clause 13f): Requires disputes to be referred to a sole arbitrator who must be a retired High Court Judge jointly nominated by the parties; seat of arbitration to be Dehradun; language English; award final and binding.
  • Notice Timeline:
  • 08 August 2025: Earlier notice from petitioner; respondent replied, admitting liability for arrears but disputing the quantum.
  • 11 September 2025: Petitioner's formal notice invoking arbitration clause sent by registered post (postal receipts filed at Page No.61); India Post consignment report attached.
  • Response: Respondent failed to reply to the 11 September 2025 notice and did not appear before the Court on subsequent dates.
  • Arbitrator Nomination Attempt: Petitioner's notice proposed three retired judges of the Delhi High Court, but no consensus was reached.
  • Court’s Observation: Recognised that parties could not agree on an arbitrator; noted that the Court may nominate any independent retired High Court Judge.

Final Outcome

  • The Court appointed Mr. Justice Mehboob Ali, retired Judge of the Allahabad High Court, as the sole arbitrator to resolve the dispute arising from the License Agreement.
  • Arbitrator Details: Mobile No. 9473687398; residence at 90 Majra West, Near Masjid Majra, Dehradun.
  • Seat of Arbitration: Dehradun.
  • Disclosures & Consent: Received on 09 September 2026 as per office report; compliance with Section 11(8) of the Act confirmed.
  • The Office was directed to inform the arbitrator to proceed, and the arbitration application was disposed of.
  • Any pending applications, if any, were also disposed of.

Topics: Arbitration Appointment, License Fee Dispute