SHRESHTA DEVELOPERS Vs. SURESH

JUDGEMENT

(1.) This Civil Miscellaneous Petition is filed under Sec.11(6) of the Arbitration And Conciliation Act, 1996 (hereinafter referred as 'the Act' for brevity) for appointment of an arbitrator in terms of agreement dtd. 29/2/2020 vide Annexure-A entered into between the petitioner and respondent No.1.

(2.) Learned counsel for the petitioner has brought to the notice of this Court that the agreement entered into between petitioner and respondent No.1 dtd. 29/2/2020, wherein at para No.3 there is a provision for a arbitration clause and appointment of an arbitrator for resolving the dispute arising between the parties. It is the contention of learned counsel for petitioner that petitioner is a partnership firm engaged in the business of development of real estate, respondent No.1 is the owner of property bearing CTS No.9689 situated at Veerabhadra Nagar, Belagavi and respondent Nos.2 to 4 are the wife and children of respondent No.1. Petitioner had entered into an agreement with respondent No.1 for development of property stated above into a multistoried building consisting of residential houses and commercial shops. The joint development agreement was executed on 29/1/2016, which is not in dispute. As the notice issued by learned counsel for petitioner for appointment of an arbitrator has been replied by way of reply notice which is placed before this Court through a counsel namely R.B.Deshpande, produced as Annexure-E. In which reply notice, respondents have admitted execution of joint development agreement dtd. 29/1/2016, but however has denied execution of agreement dtd. 29/2/2020.

(3.) Despite service of notice to the respondents, they have remained absent and there is no representation.