Authority: Supreme Court of India, Civil Original Jurisdiction

Order Date: August 24, 2026

Case Overview

  • Parties: Petitioner Samir Narang, a Canadian citizen and individual investor, versus Respondent Excellence Shelu Realty LLP, a real‑estate development firm based in Pune.
  • Underlying agreement: Memorandum of Understanding (MoU) dated 25‑02‑2016. Clause 7 allowed the petitioner to exit after two years, obligating the respondent to either liquidate the petitioner’s land‑share or buy it back at a stipulated rate. Clause 10 provided for arbitration by a panel of two arbitrators, one appointed by each party.
  • Dispute trigger: In December 2018 the petitioner invoked Clause 7. The respondent neither refunded the capital investment nor paid the appreciation amount. Communications ceased in June 2024.
  • Legal notices: Petitioner's legal notice dated 06‑03‑2025 went unanswered; a subsequent notice dated 09‑07‑2025 invoked arbitration under Clause 10, claiming payment of Rs 44 lakh.
  • Petition: Filed under Section 11(6) of the Arbitration and Conciliation Act, 1996, seeking appointment of a sole arbitrator because the respondent failed to nominate its arbitrator within the stipulated 30‑day period.
  • Court proceedings: The petition was called for hearing on 24‑08‑2026 before a bench comprising CJI Surya Kant, Justice Joymalya Bagchi, and Justice V. Mohana. Counsel for petitioner: Mr. Bharath Gangadharan, Adv., Ms. Tanya Chaudhry (AOR). Counsel for respondent: Mr. Saaket Jain, Adv., Mr. Ankur Singhal, Adv., Ms. Shivangi Anand (AOR).

Final Outcome

  • The Supreme Court allowed the petition and appointed Mr. S.B. Panse, retired District Judge, as the Sole Arbitrator to adjudicate the disputes.
  • Seat and venue of arbitration: Pune, India.
  • The arbitrator is authorized to determine: (i) whether a concluded and binding contract exists; (ii) whether a valid arbitration agreement subsists; (iii) whether the disputes are arbitrable. These mixed questions of fact and law are left to the arbitrator.
  • The arbitrator may fix his/her own remuneration/fees.
  • All pending interlocutory applications, if any, are disposed of.

Topics: Arbitration, Real Estate Investment Dispute