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DELHI HIGH COURT
VIBHU BAKHRU
Savitri Dabas – Appellant
Versus
Sanjay Kumar – Respondent
| Table of Content |
|---|
| 1. overview of the agreement and disputes (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. respondent's defenses against petition (Para 7 , 8) |
| 3. court's findings on arbitration agreement (Para 9 , 10 , 11 , 12) |
| 4. court's decision to allow petition (Para 13) |
| 5. appointment of arbitrator and conclusion (Para 14 , 15 , 16 , 17 , 18) |
JUDGMENT
Vibhu Bakhru, J. (Oral)--The petitioner has filed the present petition under Section 11 of the Arbitration & Conciliation Act, 1996 (hereafter the `A&C Act'), inter alia, praying that an Arbitrator be appointed to adjudicate the disputes that have arisen between the parties in connection with an Agreement to Sell dated 11.12.2014.
2. In terms of the said Agreement to Sell, the respondent had agreed to sell the land ad-measuring 3 Bighas and 17 Biswas situated in Revenue Estate of Village Ladpur, Tehsil Kanjhawala, District North-West, Delhi-110081 for a total sale consideration of Rs.1,82,87,500/-. The said Agreement to Sell also records that the respondent had received a sum of Rs.18,30,000/- towards advance sale consideration.
3. The Sale Deed of the said property was required to be executed within a period of three months that is, on or before
Existence of an arbitration agreement obligates the parties to resolve disputes through arbitration, and defenses regarding performance issues must be addressed in arbitration, not as a basis to cont....
The court affirmed its jurisdiction to appoint an arbitrator and adjudicate disputes despite claims of exclusive jurisdiction by another venue, emphasizing the validity of the arbitration agreement a....
The court established that jurisdiction under Section 42 of the A&C Act allows it to entertain disputes for arbitration despite claims of exclusive jurisdiction in another court.
Disputes arising from contractual agreements should be resolved through arbitration as stipulated in the arbitration clause, reinforcing parties' obligations.
Appointment of an arbitrator cannot be withheld pending the decision of the reference pending before the Constitution Bench of the Supreme Court.
The court upholds the arbitration clause in the agreement and appoints a sole arbitrator to resolve disputes.
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