MALVIKA RAJNIKANT MEHTA Vs. JESS CONSTRUCTION

JUDGEMENT

(1.) This is an application under Sec. 11(5) read with Sec. 15 of the Arbitration and Conciliation Act, 1996 ("the Act, 1996") to appoint an Arbitrator, either nominated by the applicants or any other suitable person, as the sole Arbitrator to resolve all the disputes between the applicants and respondent arising out of the Conveyance Deed dtd. 31/12/2012.

(2.) Shorn of superfluities, the background facts can be stated as under:

(3.) At this juncture, it may be advantageous to note uncontroverted facts. One, there is no dispute about the execution of Deed of Conveyance. Two, the parties are ad idem on the point that the Deed of Conveyance contains an arbitration agreement. Three, it is indisputable that in the said arbitration clause the parties had named Mr. Kirti K. Shah as the sole Arbitrator. Four, as emerged from the narration of facts, there is hardly any dispute over the fact that disputes have arisen between the parties in respect of the transaction evidenced by the Deed of Conveyance as the respondent has also subsequently invoked arbitration.