SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2018 Supreme(Del) 1001

MANMOHAN
Parasramka Holdings Pvt. Ltd. – Appellant
Versus
Ambience Private Ltd. – Respondent


Advocates Appeared:
For the Petitioner:Mr. H.L. Tiku, Senior Advocate with Ms. Anupama and Mr. H.L. Raina, Advocates
For the Respondent:Mr. P.K. Agrawal with Ms. Mercy Hussain and Ms. Tannya Sharma, Advocates

JUDGMENT :

MANMOHAN, J.

I.A. 12076/2017 in CS(OS) 125/2017, I.A. 12079/2017 in CS(OS) 126/2017 and I.A. 12074/2017 in CS(OS) 127/2017

1. Present applications have been filed by the applicants-defendants under Section 8 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the “said Act”) for referring the disputes raised in the present suits to arbitration.

2. It is pertinent to mention that CS(OS) 125/2017, CS(OS) 126/2017 and CS(OS) 127/2017 have been filed by the plaintiffs for recovery of Rs.3,60,77,292.75,/- Rs. 3,52,49,060/- and Rs. 2,86,84,102/- respectively along with interest and permanent injunction.

3. In the applications, it is averred that Clause 6.16. of Apartment Buyer’s Agreement dated 27th October, 2009 as well as Clause 21 of the Maintenance Agreement provides that in the event of any question, dispute or difference arising under the said Agreements, the dispute shall be referred to Arbitration. According to learned counsel for the applicants-defendants, as there is a dispute between the parties, the matter needs to be referred to arbitration. The relevant portion of the arbitration clause contained in the Apartment Buyer’s Agreement dated 27th Octo































































































Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top