ZAREENA BEGUM W/O SHRI V. MOHAMED SHAFIULLA MANAGING PARTNER R.S.V. BUILDERS Vs. MRS. M. BHAGYARATHA W/O K. SRINIVAS, MANAGING DIRECTOR, SANTOSH BUILDERS A PARTNERSHIP FIRM, MR. L. SURENDRANATH REDDY S/O L. JAGADISHWAR REDDY, MANAGING PARTNER SA

JUDGEMENT

(1.) THAT petition is filed under Section 11(6) of the Arbitration and Conciliation Act, 1996, seeking Appointment of an arbitrator to resolve the dispute between the petitioner and the respondents.

(2.) THE respondents have entered into a Joint Development Agreement dated 24.05.2006 with the petitioner in respect of the property in question, which measures 30/40 Sq.ft.

(3.) ACCORDING to the petitioner she is entitled for two flats with two -covered car parks. Whereas, the contention of the learned Counsel appearing for the respondents is that the petitioner is entitled only for one flat with one covered car park. Since the claim of the petitioner was denied a notice was issued calling upon the respondents to choose an arbitrator to resolve the dispute as to the entitlement of the petitioner, A reply is given by the respondents indicating that there is no dispute at all which could be referred to an arbitrator inasmuch as the entitlement of the petitioner is one flat with one car park, Since the request of the petitioner for appointment for an arbitrator is denied by the respondents the present petition is filed,