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IN THE HIGH COURT OF DELHI AT NEW DELHI
HARISH VAIDYANATHAN SHANKAR
Braj Mohan Agarwal – Appellant
Versus
Iramya Developers Private Limited – Respondent
| Table of Content |
|---|
| 1. factual basis for arbitration petition (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14) |
| 2. arguments on privity of contract and liability (Para 15 , 16 , 17 , 18 , 19 , 20 , 21) |
| 3. court's analysis of arbitration agreement existence (Para 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34) |
| 4. appointment of arbitrator and dispute adjudication (Para 35 , 36 , 37 , 38 , 39 , 40 , 41 , 42 , 43) |
| 5. conclusion and disposal of the petition (Para 44) |
JUDGMENT :
HARISH VAIDYANATHAN SHANKAR, J.
1. The present petition has been filed under Section 11 (6) of the Arbitration and Conciliation Act, 1996, A & C Act, seeking the appointment of a Sole Arbitrator in terms of Article 34 of theApartment Bu yer’s Agreements dated 22.01.2016 and 12.03.2016, [Apartment Buyer’s Agreements].
2. Petitioner Nos. 1 and 2 are husband and wife, residing in New Delhi. Respondent No. 1 is a company incorporated under the Companies Act, 1956, and is engaged in the business of real estate development and construction of residential and commercial projects in New Delhi and its adjoining areas. Respondent Nos. 2 and 3 are Directors of Respondent No. 1-Company and are stated to
The appointment of an arbitrator under Section 11 of the Arbitration and Conciliation Act requires only a prima facie examination of the arbitration agreement's existence, with mixed questions of law....
Judicial scrutiny under Section 11 of the Arbitration Act is limited to the prima facie existence of an arbitration agreement, with substantive issues reserved for the arbitral tribunal.
The court confirmed that a prima facie arbitration agreement exists under Section 11(6) of the Arbitration and Conciliation Act, limiting judicial scrutiny to the agreement's existence, deferring sub....
The court held that its review under Section 11(6) is limited to confirming the existence of an arbitration agreement, without delving into substantive disputes, which is for the Arbitrator to decide....
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