Authority: Supreme Court of India, Civil Original Jurisdiction (Chief Justice Surya Kant, Justices Joymalya Bagchi, V. Mohana)
Order Date: 24 August 2026
Case Overview
- Petitioner: Samir Narang, Canadian citizen and individual investor.
- Respondent: Excellence Shelu Realty LLP, a real‑estate development firm based in Pune.
- Underlying agreement: Memorandum of Understanding dated 25 February 2016, wherein Clause 7 allowed the petitioner to exit after two years with the respondent either liquidating his land‑share or buying it back at a stipulated rate; Clause 10 mandated arbitration by a two‑member panel, each party appointing one arbitrator.
- Petitioner invoked Clause 7 in December 2018, claiming entitlement to refund of capital and appreciation; respondent failed to pay and communication ceased in June 2024.
- Legal notice dated 06 March 2025 went unanswered; subsequent notice dated 09 July 2025 invoked arbitration under Clause 10, seeking payment of Rs 44 lakh and nominating Senior Advocate Pankaj Savant as petitioner’s arbitrator.
- Respondent did not nominate its arbitrator, prompting the petitioner to file Arbitration Petition No. 19 of 2026 under Section 11(6) of the Arbitration and Conciliation Act, 1996, seeking appointment of a sole arbitrator.
- Respondent raised preliminary disputes: (i) existence of a concluded and binding contract, (ii) validity of the arbitration agreement, and (iii) arbitrability of the issues.
Final Outcome
- The Court allowed the petition and appointed Mr. S.B. Panse, retired District Judge, as the Sole Arbitrator.
- Seat and venue of arbitration: Pune, India.
- The Sole Arbitrator is empowered to determine the preliminary questions raised by the respondent (contract existence, arbitration agreement validity, arbitrability) as mixed questions of fact and law.
- The arbitrator may fix his own remuneration/fees.
- All pending interlocutory applications, if any, are disposed of.
Topics: Arbitration, Real Estate Investment Dispute