MANJARI DEVELOPERS SOCIETY VARANASI Vs. SATYA NARAIN RAI

JUDGEMENT

(1.) Heard Sri Naveen Sinha, Senior Advocate assisted by Sri Vikash Srivastava learned counsel for the petitioner and Sri Ajay Kumar Singh, learned counsel for the respondents.

(2.) Petitioner is seeking appointment of an arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996 (herein after referred to as an Act) as the parties have failed to refer the dispute to the arbitral tribunal pursuant to the development agreement dated 10th August 2004 between them. The said agreement in clause 19.4 contains an arbitration agreement which provides that any dispute arising between the parties in connection with the said agreement shall be referred to an arbitrator to be appointed by the parties and the decision of the arbitrator shall be final and binding upon them.

(3.) In the counter affidavit, the respondents have not disputed the existence of the arbitration agreement between the parties. They have apart from alleging the facts on merits of the dispute stated that the petition under Section 11 of the Act is not maintainable and is barred by time.