Judgment :

Gaurang Kanth, J. 

1. The present petition has been filed under Section 11 of the Arbitration and Conciliation Act, 1996 ("the Act") seeking appointment of a Sole Arbitrator to adjudicate disputes arising between the parties out of a registered Development Agreement dated 04.12.2014.

2. The subject property is a one-storeyed building together with land admeasuring approximately 01 Cottah 10 Chittak, being Premises No. 160, G.T. Road, P.S. & P.O. Bally, Ward No. 9, Bally Municipality, Bally and Late Shri Ashim Kumar, husband of Respondent No. 1 and father of Respondents No. 2 and 3 was the sole and absolute owner of the said property.

3. During his lifetime, Late Shri Ashim Kumar entered into a registered Development Agreement dated 04.12.2014 with M/s Adyama Construction as the Developer, the Petitioners being partners of the said firm, with the Respondents joining as confirming parties. In furtherance of the said Development Agreement, Late Shri Ashim Kumar executed a registered Power of Attorney dated 30.11.2016 in favour of M/s Adyama Construction, authorising it to undertake all acts, deeds, and things necessary for the construction and development of the said premises.

4