ABHAY DAMODAR KANHERE Vs. MORYA INFRACONSTRUCT PVT. LTD.

JUDGEMENT

(1.) This Petition has been filed under Sec. 11 of the Arbitration and Conciliation Act, 1996 (" Arbitration Act ") seeking appointment of an arbitrator in connection with disputes and differences arising out of an Agreement for Sale dated November 16, 2019 ( "Agreement"). The arbitration agreement is contained in Article 13.2 (found at Page 83 of the Petition) of the Agreement. In the interest of brevity, the arbitration agreement is not being extracted here. Suffice it to say that this matter falls within the jurisdiction of this Court.

(2.) The core scope of dispute between the parties is about the provision of amenities in the flat purchased by the Petitioner from the Respondent not being in conformity with the Agreement. It is common ground that the agreement in question has an arbitration clause as an arbitration agreement contained in Article 13.2 (Page 83).

(3.) For purposes of these proceedings, the only objection that is presented for my consideration on behalf of the Respondent is a point of law, namely, that the disputes sought to be raised by the Petitioner are not arbitrable in view of a judgment dated October 25, 2024 passed by the Learned Single Judge of this Court in Second Appeal No.434 of 2023 ("Second Appeal Judgement"), whereby in the conclusion, it is stated that disputes amenable to the jurisdiction of the Real Estate (Regulation And Development) Act, 2016 (" RERA Act ") are non- arbitrable in nature. Consequently, it is submitted that the Learned Single Judge of this Court has held that once jurisdiction of RERA is attracted, the dispute is not amenable to arbitration. The upshot is that judicial discipline would require this Court to follow the same position as declared in that judgement.