PUSHPA DEVI Vs. DREAMZ INFRA INDIA LTD.

JUDGEMENT

(1.) The petition is admitted for hearing and the same is heard finally.

(2.) By means of this petition under Section 11 of the Arbitration and Conciliation Act, 1996 (hereinafter referred as 'the Act', for short), the petitioner inter alia seeks appointment of a sole arbitrator to adjudicate the dispute that has arisen between the petitioner and the respondent.

(3.) Facts giving rise to the filing of this petition briefly stated are, that the respondent is a company registered under the Companies Act, 1956. The respondent is the owner and developer of the property measuring 9,600 sq. ft. situated in Roopena Agrahara village, Bengaluru South Taluk. The respondent had entered into an agreement of sale and a construction agreement with the petitioner to construct and sell Flat No.107 in 1st floor. Clause 14 of the construction agreement contains an arbitration clause. Admittedly, the dispute between the parties has arisen thereafter. The petitioner sent a notice to the respondent on 04.05.2017. However, no response was received from the respondent. In the aforesaid factual background, this petition has been filed.