SAIRA BANO Vs. ABRAR AHMED & ANR

JUDGEMENT

(1.) This petition under Section 11 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the 'Act') has been filed by the petitioner seeking appointment of an Arbitrator to adjudicate the disputes that have arisen between the parties in relation to the Collaboration Agreement dated 1st March, 2011. The said Collaboration Agreement has been executed between the petitioner and respondent no.1 and contains an Arbitration Agreement in form of clause 15 thereof, which is reproduced hereinbelow:-

(2.) As certain disputes arose between the parties, the petitioner invoked the Arbitration Agreement vide its notice dated 4th May, 2017. The respondent no.2 by its reply dated 24th May, 2017 inter alia contended therein that the Collaboration Agreement between the petitioner and respondent no.1 was dated 1st June, 2011 and in terms thereof, the Fourth Floor along with terrace rights of the property bearing Plot No.K.-65, admeasuring 130 sq. yards, Khasra No.292 situated at Batla House, Jamia Nagar, Okhla, New Delhi-110025 fell in the share of the respondent no.1 who had subsequently transferred the same to respondent no.

(3.) As the request for appointment of an Arbitrator was not acceded to, the present petition was filed by the petitioner.