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2024 Supreme(MP) 417

SUBODH ABHYANKAR
Santosh Patidar (Shri) – Appellant
Versus
Ayodhyabai – Respondent


Advocates:
Nilesh Agrawal for applicant; Nilesh Sharma for respondents.

ORDER

1. This application under section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Act of 1996) has been filed by the applicant for appointment of Arbitrator to adjudicate the dispute between the parties.

2. In brief, the case of the applicant is that he had entered into an exchange agreement dated 15.10.2021, with 8 persons (assign numbers??) namely 1.Smt. Ayodhyabai W/o Late Shri Gopalji Balai, 2.Madanlal S/o Late Shri Gopalji Balai, Savita D/o Late Shri Gopalji Balai, Rekha D/o Late Shri Gopalji Balai, Krishnabai W/o Manohalji Balai, Kundan S/o Manoharji Balai, Priya D/o Manoharji Balai and Khushi D/o Manoharji Balai.

3. The said agreement was for the exchange of land, and admittedly out of the aforesaid 8 persons as party of the first part, only 5 persons have signed the agreement, and Savina, Priya and Khushi have not signed the same, and Clause 3 of the terms and conditions of the said agreement also provides for reference of dispute to Arbitrator.

4. Learned counsel for the applicant has submitted now that a dispute has arisen between the parties, though the aforesaid 3 persons namely Savina, Priya and Khushi have not signed the agreemen

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