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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
T.VINOD KUMAR, P.SREE SUDHA
BVM Property Leasing Pvt. Ltd. – Appellant
Versus
Sree Venkataraya Builders Pvt Ltd – Respondent
JUDGMENT :
T.Vinod Kumar, J.
This Civil Miscellaneous Appeal is directed against the order dt. 05.01.2024 passed in I.A. No. 589 of 2024 in O.S. No. 45 of 2024 on the file of Senior Civil Judge, Ranga Reddy District at Kukatpally, dismissing the application filed under Section 5 r/w Section 8 of Arbitration and Conciliation Act, 1996 (for short ‘the Act’) r/w Section 151 of CPC seeking to refer the parties to the Arbitration.
2. The appellant herein is the petitioner in the underlying Interlocutory Application.
3. The case of the appellant in brief is that, theappellant is a maintenance company appointed by the Developer i.e. Kausalya Shelters Limitedin terms of the Registered Development Agreement-cum-General Power of Attorney (DAGPA) dt.12.01.2015 entered into by the Developer with the respondent herein.
4. It is the further case of appellant that, respondent had invoked Clause 26 of Development Agreement providing arbitration in relation to disputes arising under the DAGPA with the developer.
5. Appellant contends that, anarbitral Tribunal was formed consisting of Justice Sri P Venkata Ram Reddi, Retired Supreme Court Judge, Justice Sri M.N Rao, Retired Chief Justice and Sri B.V Kum
A non-signatory may be compelled to arbitration if claims arise from obligations within a binding agreement between signatory parties, asserting limits on judicial intervention.
Disputes regarding the terms and construction of an agreement necessitate arbitration, reinforcing the binding nature of arbitration clauses even in the presence of non-signatories.
Dissenting non-signatory member of cooperative society not bound by arbitration clause in development agreement with developer; lacks consent as veritable party despite beneficiary status or executin....
Appointment of Arbitrator – Arbitral Tribunal is preferred first authority to look into questions of arbitrability and jurisdiction, and courts at referral stage should not venture into contested que....
A party cannot pursue arbitration when parallel proceedings are ongoing for the same dispute, as it leads to impermissible concurrent legal remedies.
Disputes arising from a lease agreement containing an arbitration clause can be referred to arbitration even when a non-signatory is involved, provided the claims are within the scope of the arbitrat....
The appointment of an arbitrator under Section 11 of the Arbitration and Conciliation Act requires only a prima facie examination of the arbitration agreement's existence, with mixed questions of law....
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