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2021 Supreme(MP) 840

ROHIT ARYA
RAJEEV AGNIHOTRI – Appellant
Versus
ASHOK JAIN – Respondent


Advocates Appeared:
For Appellant : Manoj Munshi
For Respondent: Vijayesh Atre

ORDER : – This is an application under section 11(6) of Arbitration and Conciliation Act, 1996 (hereinafter referred as the Act of 1996) read with Rule 2 of the Scheme for appointment of Arbitrator framed by the Hon’ble Chief Justice of M. P., High Court Rules, 1997 seeking indulgence of this Court in the matter of appointment of sole Arbitrator for resolution of dispute arising out of the agreement/MOU between the parties.

    The agreement/MOU dated 14-9-2009 (Annexure A-1) is on record at pg 8. The relevant clauses 1, 2, 4, 5, 6, 10, 11 and 20 of the agreement/MOU are quoted below :

      “1. The First Partner and the Second Partner shall jointly undertake a project to construct multistoried township on the land.

        2. The entire cost of construction shall be on account of the First Partner. The Bank loans, when required, shall be facilitated by the Second partner for which the First Partner shall extend all necessary co-operations including personal guarantee as may be required by the Bank.

          4. The prime responsibility of the Second Partner shall be to construct the project.

            5. The First Partner shall assist the Second Partner in formulating the project and arranging the infrastructure, mate

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