HIGH COURT OF DELHI
Jaswant Singh, J
M/s Tarun Aggarwal Projects LLP – Appellant
Versus
M/s Prajakta Colonilers Pvt. Ltd. – Respondent
| Table of Content |
|---|
| 1. breach of collaboration agreement obligations. (Para 1 , 2 , 3) |
| 2. assertion of claims and obligations under agreements. (Para 4 , 5 , 6) |
| 3. response to claims and arbitration objections. (Para 8 , 9) |
| 4. jurisdiction issues and confirmation of arbitrability. (Para 10 , 12 , 20) |
| 5. resolution of disputes through appointed arbitrators. (Para 23) |
JUDGMENT
1. Petitioner No.1- M/s Tarun Aggarwal Projects LLP and petitioner No.2- M/s Prajakta Colonilers Pvt. Ltd. entered into a Collaboration Agreement dated 07.05.2009 in the capacity of ‘owner’ of land admeasuring approx. 6.06875 acres, situated in revenue estates of Village- Nangli and Badshahpur, Tehsil & District Gurgaon, Haryana with respondent being the ‘developer’ for development of a residential colony in Sector-62 and 65, Gurugram. According to petitioner, under the aforesaid Collaboration Agreement, for amalgation of the aforesaid land a part of which was in joint ownership with the respondent and which is located adjacent to the colony being developed by the respondent, the respondent had agreed to apply for additional license of the land. As per the Collaboration Agreement in question, respondent was required to c
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