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N. J. JAMADAR
Malvika Rajnikant Mehta – Appellant
Versus
Jess Construction – Respondent
JUDGMENT
1. This is an application under Section 11(5) read with Section 15 of the Arbitration and Conciliation Act, 1996 ('the Act, 1996') to appoint an Arbitrator, either nominated by the applicants or any other suitable person, as the sole Arbitrator to resolve all the disputes between the applicants and respondent arising out of the Conveyance Deed dated 31st December, 2012.
2. Shorn of superfluities, the background facts can be stated as under:
(a) Mr. Rajnikant Dhirajlal Mehta, the predecessor in title of applicant no.1 and applicant nos.2 and 3 were the owners of the property situated at Oghadbhai Chawl, bearing Survey No.76 Hissa No.6 City Survey No.4296 to 4316 of village Kirol, Ghatkopar (East), ('the subject property'). On 31st December, 2012, the said Rajnikant and applicant nos.2 and 3 executed a Deed of Conveyance in favour of the respondent. The Deed of Conveyance, inter alia, contained respondent's obligation to construct a new building on the suit premises and hand over the premises admeasuring 1275 sq. ft. carpet area, along with two car parking spaces (one stilt and one open) within a period of 42 months. In the event of default, the respondent had agreed to pay int
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The main legal point established in the judgment is that the limitation for filing an application under Section 11 of the Arbitration Act arises upon the failure to make the appointment of the arbitr....
The referral court under Section 11 of the Arbitration and Conciliation Act must determine the prima facie existence of an arbitration agreement and appoint an arbitrator if satisfied.
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The court held that its review under Section 11(6) is limited to confirming the existence of an arbitration agreement, without delving into substantive disputes, which is for the Arbitrator to decide....
A unilateral right of appointment for an arbitrator in an arbitration agreement is impermissible; however, notice of intent to arbitrate, even when lacking technical precision, can suffice for procee....
(1) Period of limitation to file application under Section 11 of Arbitration and Conciliation Act, 1996 is 3 years’ from date of refusal to appoint Arbitrator, or on expiry of 30 days’, whichever is ....
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