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SURESH KUMAR KAIT
Surinder Pal Singh – Appellant
Versus
Prime Property Realty – Respondent
JUDGMENT
Suresh Kumar Kait, J. - The present petition has been filed by petitioner seeking appointment of an arbitrator under the provisions of Section 11 of the arbitration and Conciliation act, 1996.
2. according to petitioner, on 10.05.2019, respondents No.1 to 3 entered into a collaboration agreement with the respondents No.4 to 7 for construction and development of the property belonging to respondents No.4 to 7 bearing No.97, Block C, Chander Nagar, Janak Puri, New Delhi-110058 ad-measuring 195 sq. yds.
3. accordingly, respondents No.1 to 3 were supposed to commence the construction within 15 days of handing over possession of the aforesaid property and the same was to be completed before expiry of 20 months in accordance with plan sanctioned by Municipal Corporation of Delhi.
4. Subsequently, with respect to the above-mentioned Collaboration agreement, the respondents No.1 to 3 approached the petitioner on 27.06.2019 to sell the entire first and second floor of the said property for a total consideration amount of Rs.3.15 Crores and an agreement to sell and purchase was executed with the respondents No.1 to 3 on 27.06.2019.
5. It was agreed that the petitioner shall pay a sum
The main legal point established is the court's authority to appoint a sole arbitrator when the parties fail to appoint one themselves, as provided under Section 11 of the Arbitration and Conciliatio....
Court can appoint an Arbitrator when parties fail to mutually agree, reinforcing adherence to arbitration clauses within agreements.
The court has the authority to appoint a sole Arbitrator in accordance with the Arbitration Clause forming a part of the Contract.
The main legal point established in the judgment is the appointment of a sole arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996 to adjudicate the disputes between the parti....
The court's power to appoint an arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996 and the arbitrability of disputes under the agreement's Clause 25.
Appointment of an arbitrator cannot be withheld pending the decision of the reference pending before the Constitution Bench of the Supreme Court.
The court ruled that appointment of a Sole Arbitrator is warranted when parties are unable to reach consensus despite attempts for amicable resolution under the Arbitration and Conciliation Act, 1996....
When parties fail to act as per the arbitration clause in an agreement, the petitioner is entitled to approach the court for appointment of an arbitrator under Section 11(6A) of the Arbitration And C....
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