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KUNURU LAKSHMAN
G. Vibby – Appellant
Versus
Cresco Housing Projects – Respondent
ORDER :
(Kunuru Lakshman, J.)
1. Both the applications arise from a common set of facts between the same parties. Therefore, both the Applications are heard together and disposed of by way of this common order:-
2. Heard Sri B.Rajeshwar Reddy, learned counsel for the Applicants in A.A. No.155 of 2023 and respondents 1 and 2 in A.A. No.15 of 2023, Sri K.Sathakarni, learned counsel for the Applicant in A.A. No.15 of 2024 and respondent Nos. 1 and 4 in A.A. No.155 of 2023, M/s. Unnam Law Firm, learned counsel appearing for respondent No. 2 and Sri Mohd. Moin Ahmed Quadri, leaned counsel appearing for respondent No. 3 in A.A. No.155 of 2023.
3. Mr. G.Vibby and Mr. G.Chakradhar, sons of late G.K. Raju, represented by their GPA holder Mr. N. Ravinder Reddy, have filed Arbitration Application vide A.A. No.155 of 2023 against M/s. Cresco Housing Projects, Mr. Shyam Sunder Baheti, Mr. Dommata Narsimha Rao and Mr. S. Anil Kumar, seeking appointment of Arbitrator to adjudicate the disputes between the parties in relation to cancellation of Development Agreement - cum - General Power of Attorney (DAGPA), dated 06.02.2017. Likewise, M/s. Cresco Housing Projects represented by its Promoter and worki
The court ruled that a registered Development Agreement-cum-General Power of Attorney can only be cancelled by another registered document, and unilateral cancellation is impermissible under law.
An arbitration application is unenforceable when filed after significant delay and in acknowledgment of prior cancellation of the agreement, thereby lacking an arbitrable dispute.
Unilateral cancellation of the Development Agreement-cum-GPA by one party to the detriment of another party is not permissible under the Indian Contract Act.
A registered Agreement of Sale-cum-GPA cannot be unilaterally cancelled.
The main legal point established in the judgment is the court's interpretation of the arbitration clauses in the agreements and the application of Section 8 of the arbitration act to refer the disput....
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