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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
K.LAKSHMAN
Urbanwoods Realitty LLP – Appellant
Versus
Uma Rastogi (died) – Respondent
| Table of Content |
|---|
| 1. basis for invoking arbitration. (Para 1 , 2 , 3 , 4) |
| 2. payments and project timelines. (Para 5 , 6 , 7) |
| 3. issues of termination and its implications. (Para 8 , 9 , 10 , 11 , 13) |
| 4. stance on insufficient stamping. (Para 12 , 14) |
| 5. doctrine of separability. (Para 15 , 16) |
| 6. interconnected agreements and clear intention to arbitrate. (Para 17 , 18) |
| 7. outcome of the arbitration application. (Para 20) |
ORDER :
K. LAKSHMAN, J.
The present Arbitration Application is filed under Section 11 (5)& (6) of the Arbitration and Conciliation Act, 1996 (hereinafter ‘the Act, 1996’) seeking appointment of a sole arbitrator.
2. Heard Mr. Sunil B. Ganu, learned senior counsel representing Mrs. Manjari S. Ganu, learned counsel for the Applicant and Mr. Avinash Desai, learned senior counsel representing Mr. Vadeendra Joshi, learned counsel for 2nd Respondent.
3. The Applicant is a developer. The Respondents are the owners of land admeasuring Ac. 2.00 Gts. in Sy. Nos. 9 and 10 situated at Khajaguda Village, Serlingampally Mandal, Rangareddy District (hereinafter ‘subject land’). The parties herein had entered into a Memorandum of Understanding (hereinafter ‘MoU’) dated 01.07.2020. The said M
An arbitration clause survives the termination of the substantive contract, allowing disputes to be resolved by the arbitrator regardless of the contract's lapse due to time constraints.
The sufficiency of stamp duty payment rendered the document admissible, and the named arbitrator was disqualified, leading to the appointment of Hon’ble Shri Justice K. K. Lahoti as Arbitrator.
The execution of a Conveyance Deed extinguishes the original Agreement for Sale and its arbitration clause, rendering them ineffective.
The court clarified that post-2015 amendments, its role under Section 11 is limited to verifying the existence of an arbitration agreement, with other issues, including limitation, to be resolved by ....
The arbitration clause contained in the master agreement could be invoked to resolve disputes arising from the other definitive agreements, and the non-payment of stamp duty on the master agreement d....
The Supreme Court clarified that unregistered arbitration agreements are not void and emphasized the Referral Court's limited role regarding the enforceability of such agreements.
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