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F. I. REBELLO
RAKESH JAIN – Appellant
Versus
WELLWON BUILDERS (INDIA) PVT. LTD. – Respondent
Hon’ble F.I. Rebello, C.J.—The applicant, by means of this application, seeks the following relief :
“Allow the present petition and appoint an independent arbitrator as per the provisions of Arbitration & Conciliation Act, 1996 and thereby, constitute arbitral tribunal for settlement of all disputes raised by the Applicant herein against the respondent from out of and/or touching upon and/or in relation to the 15 separate Agreements dated 20.8.2007 (Annexure A1 colly) between them for sale and purchase of 15 flats (namely, Flats Nos. F-G, F-2, F-4, E-1, E-2, E-3, E-4, G-1, G-2, G-3, G-4, A-1, A-2, A-3 and A-4 in its River Front Apartments Project at 70, Dalibagh Lucknow) and payments made there against by the Applicant...”
2. There is no dispute that in the agreement entered into between the applicant and the respondents, there is an arbitral clause, which is worded as under :
“32. All or any disputes arising out of or touching upon or in relation to the terms of this Agreement including the interpretation and validity of the terms thereof and the respective rights and obligations of the parties shall be settled amicably by mutual discussion failing which the same shall be se
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