- (1.) The applicant, by means of this application, seeks the following relief: Allow the present petition and appoint an independent arbitrator as per the provisions of Arbitration and Conciliation Act, 1996 and thereby, constitute arbitral tribunal for settlement of all disputes raised by the Applicant herein against the Respondent from out of and/or touching upon and/or in relation to the 15 separate Agreements dated 20.8.2007 (Annexure A1 colly) between them for sale and purchase of 15 flats (namely, Flats Nos. F-G, F-2, F-4, E-1, E-2, E-3, E-4, G-1, G-2, G-3, G-4, A-1, A-2, A-3 and A-4 in its River Front Apartments Project at 70, Dalibagh Lucknow) and payments made there against by the Applicant...
(2.) There is no dispute that in the agreement entered into between the applicant and the Respondents, there is an arbitral clause, which is worded as under: 32. All or any disputes arising out of or touching upon or in relation to the terms of this Agreement including the interpretation and validity of the terms thereof and the respective rights and obligations of the parties shall be settled amicably by mutual discussion failing which the same shall be settled through arbitration. The arbitration proceedings shall be governed by the Arbitration and Conciliation Act, 1996 or any statutory amendments/modifications thereof for the time being in force. The arbitration proceedings shall be held at Lucknow by a Sole Arbitrator who shall be the Legal Advisor of the Company. The Allottee hereby confirms that it shall have no objection to this Appointment. The High Court at Lucknow shall have the jurisdiction in all matters arising out of/touching or concerning this agreement regardless of the place of execution of this Agreement, which is deemed to be at Lucknow.
(3.) The applicant, by means this application, is challenging the following words in the arbitral clause: ... who shall be the Legal Advisor of the Company. The Allottee hereby confirms that it shall have no objection to this Appointment. ...;