SUSHMA SHIVKUMAR DAGA Vs. MADHURKUMAR RAMKRISHNAJI BAJAJ

JUDGEMENT

(1.) The appellants before this Court were the plaintiffs in a civil suit, filed in the year 2021, seeking declaration that the Conveyance Deed dtd. 17/12/2019 to be declared null and void, and that the registered Development Agreements dtd. 17/9/2007, 20/11/2007, 30/11/2007, 3/12/2007 and 27/2/2008 stand validly terminated. The respondents/defendants moved an application under Sec. 8 of the Arbitration & Conciliation Act, 1996 (hereinafter referred to as "Arbitration Act") for referring the matter to arbitration by relying upon the arbitral clause in the two agreements dtd. 31/3/2007 and 25/7/2008. It was contended that the aforesaid agreements formed the basis of the Conveyance Deed and the Development Agreements which are subject matter of the suit. The Trial Court allowed the application of the defendant and referred the matter for arbitration, vide its order dtd. 13/10/2021. This order was challenged in Writ Petition No.8836 of 2021 by the appellants / plaintiffs before the Bombay High Court, which was dismissed vide order dtd. 10/12/2021. Aggrieved by these two orders, the appellants / plaintiffs are now before this Court.

(2.) The only question to be decided by us here is whether the Trial Court and the High Court have rightly referred the matter to arbitration or the dispute is of such a nature that it is not liable to be referred to arbitration, as there was no arbitration clause in the Conveyance Deed dtd. 17/12/2019 or if there was, yet the matter in any case is such that it is not arbitrable. The brief facts of the case are as follows:

(3.) Shivkumar Daga died on 8/5/2011, bequeathing his assets through a will dtd. 10/2/2011 to his wife (appellant no. 1) and his son (appellant no. 2), in which a probate petition has already been filed and as per the records before us the case is still pending.