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CHANDRA DHARI SINGH
Sat Narain Gupta – Appellant
Versus
Sunil Mittal – Respondent
ORDER
Chandra Dhari Singh, J. (Oral)--The present petition has been filed by the petitioner under section 11 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as "the Act, 1996") seeking appointment of an Arbitrator for redressal of disputes arising between the parties, pertaining to the Memorandum of Family Settlement (hereinafter referred to as "MoU") dated 31st May, 2020.
Facts of the Case
2. The parties desired to redevelop/reconstruct the property bearing No. 39B/77, Punjabi Bagh West, Near ISKON Temple, New Delhi-110026, i.e., the subject property, and thus entered into a Collaboration Agreement with a Builder on 31stMay, 2020.
3. Prior to the reconstruction of the subject property, the petitioner was the owner and occupant of the first floor, while the respondents were co-owners of the ground floor. The petitioner and the respondents signed an MoU on 31st May, 2020 to document and adhere by the provisions guiding the redevelopment of the subject property.
4. According to the aforementioned MoU, it was agreed that the Builder will construct a stilt parking, ground floor, first floor, second floor and third floor over the subject property at his own costs
The arbitration clause in a contract should be treated as an independent agreement, and the court has the authority to refer the matter to arbitration even if the main contract is disputed.
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....
The sufficiency of stamp duty payment rendered the document admissible, and the named arbitrator was disqualified, leading to the appointment of Hon’ble Shri Justice K. K. Lahoti as Arbitrator.
Court can appoint an Arbitrator when parties fail to mutually agree, reinforcing adherence to arbitration clauses within agreements.
The main legal point established in the judgment is the principle of minimal judicial intervention in the arbitral process, emphasizing the competence of the arbitrator to decide all preliminary issu....
The main legal point established is that for a dispute to be referred to an arbitrator under Section 11(6) of the Arbitration Act, it must arise from the agreement and be arbitrable in nature.
No arbitration clause relating to dispute between the parties in not appointing appellant as stockist and claim of compensation towards loss of goodwill and reputation. High Court erred in proceeding....
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