- (1.)By way of this application under Section 11 of the Arbitration and Conciliation Act, 1996 ('the Act of 1996'), the petitioners have made the request for appointment of Arbitrator to adjudicate upon and decide all their disputes with the respondent, arising out of, and relating to, two Joint Venture Agreements (JVAs) dated 30.06.1991 and 10.07.1997 (Annexures-A and B) respectively.
(2.)The petitioners, who are the sons and daughters-in-law of the respondent, entered into the aforesaid JVA dated 30.06.1991 for purchasing various properties by contributing their respective shares as also for constructing a multi- storeyed complex. Subsequently, on the demise of husband of the respondent, they got amended the said JVA on 10.07.1997. Thereafter, on the strength of the said JVAs, they filed a suit against the respondent in O.S.No.6774/2016 for partition and separate possession of the suit schedule properties.
(3.)The respondent entered appearance and filed an application under Section 8 of the Act of 1996 contending that the suit is not maintainable as the said JVAs contain Arbitration Clause Nos.10 and 12 respectively and, therefore, requested to refer the matter for arbitration.