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SUBODH ABHYANKAR
Fortune Builders – Appellant
Versus
Hansraj Kamdar – Respondent
JUDGMENT :
Subodh Abhyankar, J.
1. This appeal has been preferred under Section 37 of the Arbitration and Conciliation Act, 1996 (for short "Act, 1996") by the appellants assailing the order dated 23.4.2019 passed in MJC No. 40/2018 by the Second Additional District Judge, Bhopal, whereby the application filed under Section 9 of the Act, 1996 by the appellant has been rejected.
2. Shorn of details, in brief the facts of the case are that the appellant/firm is a registered partnership firm engaged in the business of real estate investment, development and its sale. The appellant/firm is also a registered colonizer with the Municipal Corporation, Bhopal. Pursuant to its business, the appellant/firm entered into a Joint Venture Development Agreement with the respondents on 21.2.2014, the same was registered on 13.3.2014 with respect to the joint development of the property bearing Khasra No. 147/9/1/6 admeasuring 0.36 acres, and Khasra No. 147/9/1/4 admeasuring 0.72 acres at Village Bawariya Kalan, Tahsil Huzur District Bhopal. Under this Joint Venture Agreement the appellant was to develop the property on the land of the respondents, the land owner. The development included the multi-st
Prompt initiation of arbitration proceedings is crucial when seeking interim relief under Section 9 of the Arbitration and Conciliation Act, 1996.
The main legal point established in the judgment is the principle of minimal judicial intervention in the arbitral process, emphasizing the competence of the arbitrator to decide all preliminary issu....
Point of law: When a suit or proceeding is not thrown out in limine but the Court receives it for consideration and disposal according to law, it must be regarded as entertaining the suit or proceedi....
The referral court's scope under Section 11(6-A) is limited to the prima facie existence of an arbitration agreement. A formal notice under Section 21 is not mandatory if the respondent has prior kno....
Interim injunction – Jurisdiction under Section 9 of Arbitration and Conciliation Act, 1996, is not an adjudicatory substitute for final determination of rights, but a supportive mechanism to facilit....
The arbitration agreement binds all parties, including non-signatories, and disputes must be referred to arbitration despite objections on limitation and jurisdiction.
The court upheld the specific performance of the Joint Venture Agreement and granted interim measures under Section 17 of the Arbitration and Conciliation Act to prevent the appellant from disrupting....
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