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DELHI HIGH COURT
NEENA BANSAL KRISHNA
Ansal Properties & Infrastructure Ltd. – Appellant
Versus
Dowager Maharanis Residential Accommodation Welfare & Amenities Trust – Respondent
| Table of Content |
|---|
| 1. appointment of sole arbitrator. (Para 1 , 2 , 3) |
| 2. disputes over obligations and land use changes. (Para 4 , 5 , 6) |
| 3. opposition based on malafide claims. (Para 7 , 8) |
| 4. procedural history of civil suit and arbitration proceedings. (Para 9 , 10) |
| 5. non-arbitrability and limitation arguments. (Para 11 , 12) |
| 6. consideration of limitation and jurisdictional issues. (Para 15 , 16) |
| 7. implied consent and validity of arbitration agreements. (Para 22 , 24 , 26) |
| 8. appointment of an arbitrator and directives. (Para 30 , 31 , 32) |
JUDGMENT
1. A petition under Section 11(6) of the Arbitration & Conciliation Act, 1996 (hereinafter referred to as "the Act") has been filed on behalf of the petitioner for appointment of Sole Arbitrator for adjudication of the disputes between the parties.
2. The case of the petitioner is that respondent No.1 had approached petitioner No.1 for commercial development of the property known as "Rai-Ka-Bagh Palace" located in Jodhpur, Rajasthan as an ethnic Heritage Shopping Mall and Commercial Centre. On 06th December, 2004 a Memorandum of Understanding (MOU) was signed between petitioner No.1 and respondent No.1 at New Delhi. According to the MOU,
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