Tejpal Singh vs Surinder Kumar Dewan

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Del) 1097

NAVIN CHAWLA
Tejpal Singh – Appellant
Versus
Surinder Kumar Dewan – Respondent

Advocates appeared:
Mr.Bhagat Singh, Advocate, for the Petitioner.
Mr.Anil K. Kher, Senior Advocate with Mr.S.S. Pandit & Mr.Kunal Kher, Advocate, for the Respondent.

JUDGMENT

1. These petitions have been filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the `Act.) seeking appointment of an Arbitrator for adjudicating the disputes that have arisen between the parties in relation to the Collaboration Agreement dated 03.05.2005 executed between the parties (hereinafter referred to as the `Collaboration Agreement.).

2. The Collaboration Agreement admittedly contains an Arbitration Agreement between the parties in the form of Clause 14 thereof.

3. As both the petitions arise out of the same Collaboration Agreement and are between the same parties, the same are being considered by way of this common order.

4. As noted hereinabove, the parties have entered into a Collaboration Agreement where under the petitioner was to construct the ground floor, first floor, second floor with its roof rights after demolishing the structure present on the land bearing No.A-2/5 admeasuring 450 sq. yards, Model Town, New Delhi belonging to the respondent. The petitioner claims that he performed his part under the Agreement by constructing the building on 31.12.2005. He, however, further admits that thereafter the pr