SUSHMA SHIVKUMAR DAGA Vs. MADHURKUMAR RAMKRISHNAJI BAJAJ

JUDGEMENT

(1.) The petitioners before this court are the original plaintiffs, who have instituted S.C. Suit No.1512 of 2021 in the Court of Civil Judge, Senior Division at Vadgaon, Pune seeking a declaration that the registered deed of conveyance is null and void as it is against the interest of the plaintiffs and for cancellation and termination of various agreements set out in prayer clauses (b) and (c) of the plaint.

(2.) On the suit being filed, defendant Nos.1 and 2 took out an application under Sec. 8 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as "the Arbitration Act"), for referring the dispute raised in the suit for arbitration, in terms of the arbitration clause contained in agreement dtd. 31/03/2007 read with agreement dtd. 25/07/2008 read along with the provisions of the Arbitration Act.

(3.) The clauses contained in the respective agreements, which form basis of the application filed by the defendant Nos.1 and 2, read as under: