MADHYA PRADESH HIGH COURT
(Retd.) G. S. Solanki, J
Rajsheel Builders and Developers Indore v. Shakuntlabai
| Table of Content |
|---|
| 1. applicant's request for arbitrator based on agreement. (Para 1 , 2 , 3) |
| 2. arguments focus on arbitration's enforceability. (Para 6 , 8) |
| 3. court's affirmation of arbitration clause's legitimacy. (Para 11 , 12) |
| 4. final decision to appoint an arbitrator and instructions. (Para 13 , 14 , 15 , 16) |
1. The applicant has filed this application u/S. 11(6) of the Arbitration and Conciliation Act, 1996 ( hereinafter referred to as the Act of 1996)seeking the appointment of an independent Arbitrator in order to resolve the dispute between the parties.
The facts of the case, as pleaded in this application are as under:
The applicant is a partnership firm engaged in the business of construction and development. Mr. Shailendra Agrawal is the partner of the applicant firm. The respondents are the owners of land bearing Survey No.108/3/3 area 0.405 Hect. and Survey No.108/8 area 0.177 Hect., total area 0.582 Hect. situated at Village Chitawad, Tehsil and District Indore. For the development of the above lands, the respondents engaged the applicant by way of an agreement dated 27.9.2010. As per the terms and conditions of the agreement, the respondents were required to provide the
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