SANJEEV NARULA
Raksha Vigyan Karamchari Sahkari Awas Samiti Ltd – Appellant
Versus
Proto Developers And Technologies Pvt Ltd – Respondent
JUDGMENT
Sanjeev Narula, J. - The present petition under Section 14(2) of the Arbitration and Conciliation Act, 1996, seeks termination of the mandate of the Sole Arbitrator appointed unilaterally by the Respondent.
2. It is apposite to note the factual background before dealing with the contentions of the parties. The same is narrated below in brief:
i. The Petitioner is a group housing co-operative society, formed and registered in the year 1991 under the Uttar Pradesh Co-operative Societies Act, 1965.
ii. It entered into a 'collaboration agreement' on 23rd June, 2006 with a partnership firm M/s. Rose Enterprises (through its partner Mr. S. L. Maloo) for construction of residential flats/ bungalows/ commercial construction for its members. Later, M/s. Rose Enterprises was incorporated into the Respondent company with Mr. S. L. Maloo as its Director, and its responsibilities under the abovesaid agreement were assigned to the Respondent.
iii. Under Clause 3 of the abovesaid agreement, it was inter alia agreed that the Respondent would be entitled to introduce 25 new members in the place of existing members who exhibited their desire to withdraw from the Petitioner-Society. Under such t
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