- (1.) This application under Section 11 of the Arbitration and Conciliation Act, 1996 has been filed by applicant-Manjusha Gupta against the North Western Railways inter alia with the prayer that an independent Arbitrator be appointed for resolving her dispute with the respondents.
(2.) The applicant is owner of plot No. 122, Hari Marg, Saraswati Path, Civil Lines, Jaipur measuring 300 sq. yards. An agreement was executed between applicant and respondents which was named as collaboration agreement on 29.08.2012. It was agreed that the respondent will construct residential flats. The entire duty for construction was of the respondents. It was his duty to get the map of construction sanctioned and to raise constructions in accordance with map sanctioned by the local authorities. The entire cost was to be borne out by the respondents. The constructions were to be carried out strictly in accordance with technical specifications and in accordance with national Building Code 2005, 40% of the constructed area was to be sold out by the respondents and 60% constructed area had to remain with the applicant. The respondents were bound to construct basement, ground floor and two additional floors and total constructed area was about 9000 sq. ft. Shri M.M. Ranjan, learned senior counsel for the applicant submits that the respondent was under an obligation to build the handover 60% of the constructed area (flats). The applicant executed duly registered power of attorney in favour of the respondents to enable them to obtain permission from the local authorities and to do the needful for the purpose of construction. The respondent was obliged to complete the construction within 12 months from the date of collaboration agreement i.e. 29.8.2012. However, three months grace period was also provided. Thereafter, the applicant was entitled to receive a sum of Rs.50,000 per month as compensation because she was still residing in a rented premises and even after more than 16 months, the respondent did not care to do any work even the basement has not been excavated and only small construction has been done on the ground floor, which is of no use. Had the flats being timely completed, applicant would have sold flats at the prevalent market rate and thereby earn profits. The applicant suffered losses due to in action on the part of the non-applicants. The applicant suggested several names to the non-applicants, but they failed to convey their consent for anyone of them. Hence this application.
(3.) Shri Anuroop Singhi, learned counsel for the nonapplicants opposed this application and submits that a collaboration agreement dated 29/08/2012, was entered into between the applicant and the answering respondent in respect of plot No. 122, Hari Marg, Saraswati Path, Civil Lines, Jaipur, admeasuring 300 sq.yds. for construction of multistoried residential building. In the said agreement it was specifically provided that the answering respondent will raise construction duly in accordance with the plans and maps approved by the Jaipur Development Authority or Jaipur Nagar Nigam.;