VARINDER PAL SINGH & ANR Vs. BPTP LTD

JUDGEMENT

(1.) The petitioner has filed the present petition under Section 11 of the Arbitration and Conciliation Act, 1996 (hereafter "the Act"), inter alia, praying that an arbitrator be appointed to adjudicate the disputes that are stated to have arisen between the parties in relation to the Flat Buyers" Agreement dated 24.07.2007 (hereafter "the Flat Buyers" Agreement"). The Flat Buyers" Agreement includes an arbitration clause, which reads as under:-

(2.) Mr Sharma, learned counsel appearing for the respondent states that the said arbitration agreement (clause) no longer survives, as the parties have subsequently entered into a Conveyance Deed dated 08.11.2013 (hereafter "the Conveyance Deed"). He also referred to Clause 29 of the Conveyance Deed, which reads as under:-

(3.) Mr Sharma submits that the Flat Buyers" Agreement has since been discharged by execution of the Conveyance Deed. Further, the possession of the flat in question has also been, undisputedly, handed over to the petitioner. He contends that since the Conveyance Deed does not include an arbitration clause, no arbitration agreement exists between the parties.