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HIGH COURT OF DELHI
DINESH KUMAR SHARMA, J
VINGRO DEVELOPERS PVT. LTD. – Appellant
Versus
NITYA SHREE DEVELOPERS PVT. LTD. – Respondent
| Table of Content |
|---|
| 1. details of agreements and payments made to respond to possession delivery obligations. (Para 4 , 9 , 10) |
| 2. arguments regarding non-signatory liability in arbitration agreements. (Para 11 , 12 , 18) |
| 3. clarification of jurisdiction under section 11 concerning arbitration agreement existence. (Para 19 , 20 , 25) |
| 4. principle of agent liability and group of companies doctrine regarding binding agreements. (Para 22 , 24 , 26) |
| 5. final decision to refer arbitration while excluding non-signatories. (Para 27 , 28 , 35) |
JUDGMENT
DINESH KUMAR SHARMA, J.
1. The present petition has been filed under section 11 of the Arbitration and Conciliation Act, 1996 , seeking appointment of an arbitrator for adjudication of the disputes inter-se having been arisen between the parties out of agreements dated 18.11.2016 and 08.02.2017 with respect to the purchase of plots in the Respondent‟s project.
2. A bare perusal of the material on record reflects that Respondent No.1 being engaged in the business of development and construction of real estate entered the two Builder Buyer Agreements dated 18.11.2016 and 08.02.2017 with the Petitioner with respect to the Respondent‟s Residential Township
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