Neelam Jain vs Texla Towers Limited

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(UK) 169

VIPIN SANGHI
Neelam Jain – Appellant
Versus
Texla Towers Limited – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Abhijay Negi.
For the Respondent: Piyush Garg.

JUDGMENT :

VIPIN SANGHI, J.

1. The applicant has preferred the present application under Section 11(6) of the Arbitration and Conciliation Act, 1996, to seek the appointment of an arbitrator to adjudicate the disputes between the parties arising out of their agreement dated 14.10.1992.

2. The brief facts of the case are that the husband of the applicant, namely, Late Shri Satish Chand Jain, and his brothers and sister viz. Shri Sushil Chand Jain, Shri Ramesh Chand Jain and Smt. Saroj Gupta entered into an agreement dated 14.10.1992 with respondent No. 1-M/s Texla Towers Ltd. through its Chairman, Shri Sardar Raja Singh-respondent no. 2. This agreement contains an arbitration clause, in Clause 19, which provides “That in case of any dispute or difference arising between the parties during the subsistence of this contract the same shall be settled through Arbitration and the provisions of the Arbitration Act will apply.

3. After the parties entered into the aforesaid agreement, a follow-up meeting was held on 24.12.1992, wherein Shri Sushil Chand Jain, Shri Satish Chand Jain, Shri Ra