D B JATTI Vs. S SUBRAMANI

JUDGEMENT

(1.) The petitioners filed the present Civil Miscellaneous Petition under the provisions of Section 11(6) of the Arbitration and Conciliation Act, 1996, (for short, 'the Act') to appoint sole Arbitrator to adjudicate the dispute between the parties in respect of agreement of sale dated 19-11-2014.

(2.) It is the case of the petitioners that on 19-11-2014, the respondents entered into an agreement to sell with the petitioners for purchase of Villa No.10 in Dwarakamai Layout developed by the petitioners.

(3.) In pursuance to the agreement, on 14-1-2015, the petitioners executed sale deed in favour of the respondents conveying Villa No.10 in Dwarakamai Layout. On 10-7-2017, the petitioners sent a letter demanding the respondents for payment of arrears of maintenance amounting to Rs.4,03,100/-. On 22-7-2017, the respondents replied refusing to pay the arrears of maintenance charges. Thereafter, on 9-9-2017, the petitioners issued a statutory notice/arbitral notice to appoint sole Arbitrator by proposing the name of Arbitrator. By reply dated 4-10-2017, the respondents denied the applicability of arbitration clause and refused to accept the arbitration. Therefore, the petitioners are before this Court.