R.A. SRINIVASAN Vs. KISHOREKUMAR GOKALDAS

JUDGEMENT

(1.) This is a very unfortunate case where the parties, having proceeded under the old Arbitration Act of 1940, are still battling out their disputes in the corridors of Courts.

(2.) The admitted facts which are not in dispute are culled out hereunder: The Appellants, eight in number, as Owners of adjoining properties, offered their respective properties for joint development with the 1st Respondent herein, a property developer. Interestingly, only the Respondents 3 to 7 entered into a written working arrangement with the Respondent. In so far as Appellants 1, 2 & 8, admittedly there was no Written Agreement between the parties and only an Oral Arrangement was pleaded by the Appellants.

(3.) The Memorandum of working Arrangement, dtd. 8/12/1987 between the Appellants 3 to 7 and the 1st Respondent set out various terms of joint development, including sharing of built up area in the proposed multi storey building. The parties, under the said agreement also agreed to refer any difference or disputes between them, pertaining to the project or the agreements to be executed in respect thereof, to arbitration and the arbitrators viz., partners of M/s. Pais, Lobo and Alvares, Advocates, Madras were also specifically named therein. The said memorandum of working arrangement is not in dispute. It is relevant to note that there is absolutely no reference to the Appellants 1, 2 & 8 or their property in the said memorandum of working arrangement.