JANAKI Vs. AARADHANA

JUDGEMENT

(1.) The original petition has been filed seeking for appointment of a sole Arbitrator to enter upon reference and adjudicate the disputes between the petitioner and the respondent arising under the agreement dated 13.03.2019. The Original Application has been filed for seeking interim injunction restraining the respondent from disturbing the ongoing construction works in the property.

(2.) The contention of the petitioner is that she entered in to an agreement for construction of residential house dated 13.03.2019 with the respondent and that and it was agreed by the respondent to construct the house for the petitioner, within six months. However, the respondent has not completed the construction in time, as agreed and also not allowed the petitioner to construct the building further by her self. Hence, this petition has been filed for appointment of Arbitrator.

(3.) Though the respondent denied the averments in the petition, he has no objection for appointment of an Arbitrator. His only grievance is that if the work is allowed to be continued, the Arbitrator may not be in a position to assess the nature of the work done by the respondent and hence he prayed that the work has to be stayed.