N.SHANMUGAM Vs. AMAR PRAKKASH DEVELOPERS PRIVATE LIMITED

JUDGEMENT

(1.) Ms.S.Vijayalakshmi, learned counsel on record for petitioners and Mr.P.Dinesh Kumar, learned counsel on record for respondents are before this Court.

(2.) Instant 'Original Petition' (hereinafter 'OP' for the sake of brevity) has been filed inter alia under Section 11 of 'The Arbitration and Conciliation Act, 1996 (Act No.26 of 1996)', which shall hereinafter be referred to as 'A and C Act' for the sake of brevity with a prayer for appointment of an arbitrator.

(3.) The fulcrum of instant OP is an agreement captioned 'Agreement of Project Promotion and Construction dated 30.09.2013', hereinafter 'said agreement' for the sake of convenience and clarity. If said agreement is the fulcrum, clause/covenant No.69 of said agreement is the critical component of the fulcrum, as that is the arbitration clause. In other words, the arbitration agreement between the parties being an arbitration agreement within the meaning of Section 7 of A and C Act is in the form of a clause/covenant in the said agreement i.e., clause/covenant No.69, which reads as follows: