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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
VIKRAM AGGARWAL
Dalbir Singh – Appellant
Versus
Krisam Properties Private Limited – Respondent
JUDGMENT :
Vikram Aggarwal, J.
The petitioners (Dalbir Singh and Charanjit Singh @ Charanpal) have preferred the instant petition under Article 227 of the Constitution of India assailing the order dated 23.11.2022 (Annexure P-26) passed by the Court of learned Civil Judge (Junior Division), Gurugram vide which the application filed by the respondent under Section 8 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the '1996 Act') for referring the matter to Arbitration was allowed.
2. As is evident from the voluminous petition, the parties are engaged in an intense legal conflict for the last number of years. The facts, as stated in the instant petition, are that the petitioners were owners in possession of land measuring 3 Bigha 13 Biswa comprised in Khasra No.446/1/1 (3-13) situated within the revenue estate of village Chakarpur, Tehsil and District Gurugram. The land is said to be the ancestral property of the petitioners, having been owned and possessed by their forefathers for the last more than 150 years. In 1997, land measuring 8 Biswa-8 Biswansi (hereinafter referred to as the 'initially acquired land') out of the aforesaid land was acquired for the con
Disputes regarding land ownership and mutations can be arbitrated under an existing agreement, reaffirming the limited role of courts in arbitration matters.
Disputes capable of being adjudicated by the Civil Court are generally amenable to arbitration, unless expressly excluded. The importance of appointing an eligible arbitrator was also emphasized.
The existence of an arbitration agreement under Section 11(6) allows for disputes related to a memorandum of family settlement to be arbitrable, reinforcing the principle of kompetenz-kompetenz.
The existence of an arbitrable dispute, the validity of the arbitration agreement, and the existence of an arbitrable dispute are to be determined by the arbitral tribunal.
Judicial interference under Article 227 is limited in arbitration matters, especially when a comprehensive mechanism exists under the Arbitration and Conciliation Act for addressing non-arbitrability....
The court held that disputes regarding settled amounts are not arbitrable under the Arbitration and Conciliation Act, 1996, unless specifically covered by the arbitration agreement.
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