LAWS(KAR)-2017-6-97

YAKUB S ERINPURWALAKAR Vs. DANCHAND SETHIA

Decided On June 02, 2017
Yakub S Erinpurwalakar Appellant
V/S
Danchand Sethia Respondents

JUDGEMENT

(1.) The petitioners are before this Court in this petition filed under Section 11(5) & (6) of the Arbitration and Conciliation Act seeking that an Arbitrator be appointed to resolve the dispute between the parties.

(2.) The respondents have entered appearance and filed their objection statement.

(3.) The petitioners and respondents have entered into an 'Agreement to sell' dated 02.11.1998. In respect of the said agreement the petitioner contends that certain disputes have arisen and such disputes are to be resolved through arbitration. The petitioner therefore has invoked the arbitration clause through the notice dated 18.02.2015 and has suggested that the matter be referred to arbitration. Since the respondents have not consented to the same, the petitioner is before this Court.