KHIVRAJ MOTORS Vs. GUANELLIAN SOCIETY

JUDGEMENT

(1.) Leave gramted. Heard

(2.) The appellant alleges that a joint development agreement dated 18.2.22007 was entered into between "Father A. John Bosco, President, The Gaunellian Society" as the owner, and the appellant as the developer, in regard to three acres of land and that clause 18 of the said agreement provided for settlement of disputes arising out of the said agreement by arbitration. It is further alleged by the appellant that on 20.2.2007, the said Father A. John. Bosco, President, The Guanellian Society, executed a power of Attorney in favour of the Appellant in connection with the development of the said property with power to enter into agreements of sale and also to transfer and convey an extent of 70% undivided share in the said property.

(3.) The Gaunellian Society, (Society for short) the Respondent herein, at its Extraordinary Meeting held on 10.1.2008, passed a resolution that the Managing Committee of the Society had not authorized its President to deal with the property and therefore the joint development agreement and general power of attorney executed by him were null and void and not binding on the Society. On 17.4.2009 the Respondent Society filed an application under Section 11 of the Arbitration and Conciliation Act, 1996 (Act for short) for appointment of an arbitrator for resolution of the disputes between the Society and the Appellant.