NEELAM JAIN Vs. TEXLA TOWERS LIMITED

JUDGEMENT

(1.) The applicant has preferred the present application under Sec. 11(6) of the Arbitration and Conciliation Act, 1996, to seek the appointment of an arbitrator to adjudicate the disputes between the parties arising out of their agreement dtd. 14/10/1992.

(2.) The brief facts of the case are that the husband of the applicant, namely, Late Shri Satish Chand Jain, and his brothers and sister viz. Shri Sushil Chand Jain, Shri Ramesh Chand Jain and Smt. Saroj Gupta entered into an agreement dtd. 14/10/1992 with respondent No. 1-M/s Texla Towers Ltd. through its Chairman, Shri Sardar Raja Singh ' respondent no. 2. This agreement contains an arbitration clause, in Clause 19, which provides 'That in case of any dispute or difference arising between the parties during the subsistence of this contract the same shall be settled through Arbitration and the provisions of the Arbitration Act will apply.

(3.) After the parties entered into the aforesaid agreement, a follow-up meeting was held on 24/12/1992, wherein Shri Sushil Chand Jain, Shri Satish Chand Jain, Shri Ramesh Chand Jain, and S. Raja Singh participated. The minutes of the said meeting were drawn up and agreed by the said persons. Some of the salient terms recorded in the minutes are as follows :- <FRM>JUDGEMENT_1_LAWS(UTN)5_2023_1.html</FRM> <FRM>JUDGEMENT_1_LAWS(UTN)5_2023_2.html</FRM>