Calcutta HC: Application for sole arbitrator under Section 11(6) of Arbitration and Conciliation Act, 1996

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Published 24 October 2026

Case: Leisure Country Club And Resorts ... vs Asim Kumar Ray And Anr
Court: Calcutta High Court
Bench: Gaurang Kanth, J.
Decided: 15 October 2026
Statutes: Arbitration and Conciliation Act, 1996 — s.11(6)
Source: Indian Kanoon (Calcutta HC)

Bottom Line Up Front (BLUF)

In Leisure Country Club And Resorts ... vs Asim Kumar Ray And Anr, decided on 2026-10-15, the Calcutta High Court considered an application under Section 11(6) of the Arbitration and Conciliation Act, 1996, for the appointment of a sole arbitrator. The dispute arose from an Agreement for Sale dated 23.07.2014, concerning a plot of land.

Ratio Decidendi · Legal Principle Established

The court entertained an application for the appointment of a sole arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996, to adjudicate disputes arising from an Agreement for Sale.

Practice & Procedural Impact for Advocates

Advocates should ensure that applications for arbitrator appointment clearly specify the agreement giving rise to the dispute. Litigants seeking arbitration must identify the specific provision of the Arbitration and Conciliation Act, 1996, under which the application is made.

Key Legal Takeaways

1Applications for arbitrator appointment are filed under Section 11(6) of the Arbitration and Conciliation Act, 1996.
2Disputes arising from an Agreement for Sale can be subject to arbitration.
3The court's role includes considering the appointment of a sole arbitrator when parties fail to agree.

The Legal Issue The petitioner, Leisure Country Club And Resorts, filed an application under Section 11(6) of the Arbitration and Conciliation Act, 1996, seeking the appointment of a sole arbitrator. The application was made to adjudicate disputes stemming from an Agreement for Sale dated 23.07.2014, entered into between the petitioner and respondent nos. 1 and 2. The agreement pertained to the sale of Plot No. B-42, measuring approximately 5 cottahs 5 chittacks 15 sq. ft., for a consideration of Rs. 42,50,000/-.

Court's Reasoning The Calcutta High Court, through Gaurang Kanth, J., considered the application. The court's primary task was to assess whether the conditions for appointing a sole arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996, were met, given the existence of a dispute arising from the Agreement for Sale. The details of the agreement, including the property description and consideration, were noted as the basis for the dispute requiring arbitral resolution.

What Follows The court will proceed to determine the suitability and appointment of a sole arbitrator to resolve the disputes arising from the Agreement for Sale dated 23.07.2014, as per the provisions of Section 11(6) of the Arbitration and Conciliation Act, 1996.