BHUPENDRA KUMAR PALIWAL Vs. LAXMAN DASS
HIGH COURT OF RAJASTHAN
Bhupendra Kumar Paliwal
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ARUN BHANSALI, J. -
(1.) The matter comes up on an application filed by the applicant under Order I Rule 10 CPC seeking impleadment of Kumbhalgarh Fort Resort and Spa Pvt. Limited ('the Company') as party respondent to the present application.
(2.) The present application under Section 11 of the Arbitration and Conciliation Act, 1996 ('the Act, 1996') has been filed by the applicant Bhupendra Kumar Paliwal on 22/4/2015 against Laxman Dass and impleading Shyam Sunder Paliwal, Advocate as party respondent seeking appointment of a sole arbitrator for adjudicating the dispute between the parties. The application was made invoking the arbitration agreement contained in Agreement to Sell dated 21/11/2011 for sale of 09 bigha 10 biswa agriculture land executed between Laxman Dass (Vendor) and Bhupendra Kumar (Purchaser).
(3.) In reply to the application, respondent Laxman Dass inter alia raised objection regarding non-impleadment of Kumbhalgarh Fort Resort and Spa Pvt. Ltd., a subsequent purchaser of the land in question indicating that the applicant Bhupendra Kumar has filed an application under Section 9 of the Act impleading said company as party, wherein, the fact of execution of sale deed dated 17/8/2012 in favour of the company has been indicated.;
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