YUKTI CONSTRUCTION PVT.LTD. Vs. ASHA SHARMA

JUDGEMENT

(1.) The applicant has preferred the present Arbitration Application, under Sec. 11(6) of the Arbitration and Conciliation Act, 1996 (the Act), to seek appointment of a sole arbitrator in terms of the Agreement dtd. 5/1/2016 entered into between the parties. A copy of the said agreement has been placed on record.

(2.) The said agreement dtd. 5/1/2016 is an agreement to sell an immovable property, whereunder the applicant was the agreement purchaser, and the respondents were the agreement seller. The said agreement contains an arbitration clause in Clause 12, which reads as follows :-

(3.) The applicant claims that disputes have arisen between the parties, as the respondents have failed to adhere to, and comply with the terms and conditions of the agreement. Consequently, the applicant invoked the arbitration agreement vide notice dtd. 20/8/2018. Since the parties could not mutually agree upon the arbitrator, the present application was preferred.