M/S. AJMERA HABITAT PVT. LTD Vs. JIDNYASA CO-OPERATIVE HOUSING SOCIETY
LAWS(BOM)-2016-8-41
HIGH COURT OF BOMBAY
Decided on August 09,2016

M/S. Ajmera Habitat Pvt. Ltd Appellant
VERSUS
Jidnyasa Co -Operative Housing Society Respondents

JUDGEMENT

- (1.) By this petition filed under section 11(6) of the Arbitration and Conciliation Act, 1996 (for short "the Arbitration Act"), the petitioner seeks appointment of an independent person as a sole arbitrator to adjudicate upon all the disputes and differences between the parties arising out of the Development Agreement dated 26 th September, 2014. Some of the relevant facts for the purpose of deciding this arbitration petition are as under :
(2.) On 26th September, 2014, the petitioner and the respondent entered into a Development Agreement in respect of the property situated at village Khidkali on the terms and conditions recorded therein. Clause 16 of the said Development Agreement provided for arbitration agreement.
(3.) The dispute arose between the parties. The petitioner issued a notice on 1st November, 2014 to the respondent and invoked the arbitration agreement recorded in the Development Agreement and suggested three names of the retired Judges of this Court and called upon the respondent to give consent to one of the name suggested by the petitioner and threatened to take appropriate legal steps if the respondent did not consent to one of the such name for the appointment as a sole arbitrator.;


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