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DELHI HIGH COURT
SURESH KUMAR KAIT
Balaji Constructions – Appellant
Versus
Shivani Dudani – Respondent
| Table of Content |
|---|
| 1. petitioner's request for arbitration (Para 1 , 2 , 3) |
| 2. disputes over arbitration terms (Para 4 , 5) |
| 3. appointment of arbitrator (Para 6 , 7) |
| 4. order and disposal of petition (Para 8 , 9) |
1. The present petition has been filed by petitioner seeking appointment of Sole Arbitrator under the provisions of Section 11(6) of the Arbitration and Conciliation Act, 1996.
2. The Petitioner is a registered partnership and the respondents were the owners of a free hold plot of land bearing No. 7 on Road No. A-23 measuring 420 sq. Mtrs (502.32 sq. Yds. Approx.) situated in the residential colony, DLF City Phase-I, Gurugram, Haryana.
3. The petitioner entered into an Agreement on 15.06.2019 with the respondents for development and construction of property bearing No. A23/7, DLF City Phase-I, Gurugram, Haryana. However, according to petitioner, the respondents backed out/resiled from performing their part of the said agreement by raising frivolous issues and since the efforts to amicably resolve the disputes arose between the parties, the petitioner approached this Court under Section 9 of the Arbitration and Conciliation Act, 1996 [O.M.P (I) (COMM.) No. 22
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....
Court can appoint an Arbitrator when parties fail to mutually agree, reinforcing adherence to arbitration clauses within agreements.
Unilateral appointment of arbitrator and ex parte arbitration proceedings are void and can be ignored. Appointment of arbitrator must be based on consensus between the parties or by the court under S....
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