Agri Horticultural Society of India Vs Enkon Private Limited (Calcutta High Court)
Summary: The Calcutta High Court allowed a petition under Section 11(6) of the Arbitration and Conciliation Act, 1996 seeking appointment of an arbitrator, holding that the pendency of a civil suit and an application under Section 8 of the Act does not prevent the High Court from exercising jurisdiction under Section 11. The Court relied on the express language of Section 8(3) and the Supreme Court decision in Vijay Kumar Sharma @ Manju v. Raghunandan Sharma @ Baburam & Ors., (2010) 2 SCC 486.
The dispute arose from commercial arrangements between Agri Horticultural Society of India and Enkon Private Limited relating to advertisement hoardings. The parties had initially entered into an agreement dated 8th October, 2014, under which the respondent was permitted to erect an advertisement hoarding and display commercial advertisements on a structure measuring approximately 6000 sq. ft. along the boundary walls of Belvedere Road and Alipore Road on the petitioner’s property. That agreement was for three years and expired in 2017. Subsequently, the parties entered into a fresh agreement dated 1st November, 2021 concerning a separate commercial arrangement for display of hoardings, which also encompassed the subject matter of the earlier agreement.
