PREM AGGARWAL Vs. HARPAL SINGH

JUDGEMENT

(1.) This is a petition filed under Sections 33 and 37(5) of the Arbitration Act, 1940 (for short "the Act") praying that the arbitration clause contained in agreement to sell dated 6th March, 1987 be declared to be of no effect and valid for the purpose of deciding the disputes between the parties under the said agreement to sell and to order that the arbitration agreement shall cease to have any bearing with reference to the differences/disputes.

(2.) Under the agreement to sell, the petitioner agreed to purchase property being flat No.140, First Floor, DDA Flats, East of Kailash, New Delhi for a consideration of Rs.6,80,000.00 , out of which a sum of Rs.30,000.00 was to be the earnest money. The petitioner was also to pay unearned increase and/or other charges that might be demanded by the Delhi Development Authority for grant of pernission to transfer the said flat in her favour. The petitioner was to get possession of the flat only on the payment of the full price and the sale was to be subject to the terms and conditions of lease deed granted by the Delhi Development Authority. Disputes and differences arose between the parties. The petitioner filed an application under Section 20 of the Act, which was registered as S.No.2957/88 and was allowed on 20th July, 1990. Disputes/differences referred for adjudication are:-

(3.) While allowing the petition, the Court ordered that any other dispute between the parties arising out of the agreement dated 6th March, 1987 be also adjudicated upon by the arbitrator.