- (1.) The applicant, a company incorporated, has preferred this application for appointment of an arbitrator to resolve the disputes between it and the respondents No.1 and 2 (hereinafter referred to as 'the purchasers') arising under the deed of conveyance dated 12.9.2005. The deed aforesaid provides a dispute resolution mechanism under its clause 17, that reads as under:- 17. Any disputes or differences of and/or in connection herewith will be resolved by mutual discussion failing which by a Sole Arbitrator (wither mutually agreed or not) who shall have summary powers and pass decision/s without assigning reasons and whose such decision/s shall be final and binding upon the parties. Such arbitration, subject as above, be in accordance with the Arbitration & Conciliation Act 1996 or any other modification thereof for the time being in force. Arbitration proceedings shall be held in Jodhpur and the High Court of Jodhpur shall have jurisdiction.
(2.) The purchasers by a notice dated 11.12.2013 called upon the applicant to arrange a meeting to resolve certain issues by mutual discussions. The applicant through its counsel conveyed to the purchasers to fix suitable time for discussions to sort out the issues in dispute. A meeting of the purchasers with representative of the applicant held on 15.12.2013, but that did not yield any result as desired by the purchasers.
(3.) In this factual background, the purchasers by a notice dated 2.1.2014 invoked arbitration proceedings by appointing a retired Judge of Rajasthan High Court as sole arbitrator. The arbitrator so appointed, called upon the applicant, purchasers and Marudhar Hotels Private Limited (referred as vendor in the deed dated 12.9.2005) vide an Email notice dated 7.1.2014 to submit statement of claim/ statement of defence/ statement of version to him through Email at his Email Id. The parties were also called upon to show cause as to why or why not any appropriate interim measure be/not taken with reference to para 17 of the notice dated 2.1.2014. Para 17 of the notice aforesaid reads as under:- 17. Since Arbitration proceedings are invoked through this notice, it is required on the part of Developer and its Associates to maintain status quo regarding the development and occupancy position of the upcoming apartments and to restrain from creating any further third party rights in Phase II and III of development till pendency of Arbitration proceedings. ;