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2023 Supreme(SC) 1229

ANIRUDDHA BOSE, SUDHANSHU DHULIA
Sushma Shivkumar Daga – Appellant
Versus
Madhurkumar Ramkrishnaji Bajaj – Respondent


Advocates appeared:
For the Appellant(s) : Mr. Devansh Mohta, Adv. Mr. Shirish K. Deshpande, AOR Ms. Rucha Pravin Mundlik, Adv. Ms. Harsimran Kaur Rai, Adv. Mr. Gaurangi Patil, Adv. Mr. Mohit Gautam, Adv. Mr. Apoorv Sharma, Adv.
For the Respondent(s): Mr. E. C. Agrawala, AOR Mr. Tishampati Sen, AOR Ms. Riddhi Sancheti, Adv. Mr. Anurag Anand, Adv. Mr. Himanshu Kaushal, Adv. Mr. Mukul Kulhari, Adv.

JUDGMENT :

SUDHANSHU DHULIA, J.

1. The appellants before this Court were the plaintiffs in a civil suit, filed in the year 2021, seeking declaration that the Conveyance Deed dated 17.12.2019 to be declared null and void, and that the registered Development Agreements dated 17.09.2007, 20.11.2007, 30.11.2007, 03.12.2007 and 27.02.2008 stand validly terminated. The respondents/ defendants moved an application under Section 8 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as “Arbitration Act”) for referring the matter to arbitration by relying upon the arbitral clause in the two agreements dated 31.03.2007 and 25.07.2008. It was contended that the aforesaid agreements formed the basis of the Conveyance Deed and the Development Agreements which are subject matter of the suit. The Trial Court allowed the application of the defendant and referred the matter for arbitration, vide its order dated 13.10.2021. This order was challenged in Writ Petition No. 8836 of 2021 by the appellants/plaintiffs before the Bombay High Court, which was dismissed vide order dated 10.12.2021. Aggrieved by these two orders, the appellants/plaintiffs are now before this Court.

2. The only q

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