NARENDRA GORANI Vs. NARENDRA GORANI

JUDGEMENT

(1.) Leave under clause 12 of the Letters Patent of this Court has been granted in the above arbitration Petition to the Petitioner to pursue the Petition in this Court. The Applicant has sought to revoke that leave. The Applicant contends that the arbitration invoked by the parties is in respect of land which was owned by the Applicant and which was to be developed by the Petitioner which is in Indore and the agreement between the parties had been entered into in Indore so that no part of cause of action has arisen within the territorial limits of this Court's jurisdiction and hence leave could not have been granted.

(2.) The parties entered into an agreement for development of the land of the Applicant on 28th February, 2008. The Petitioner was to develop a residential project and / or commercial complex and / or multiplex and / or hotels and / or malls etc. as permissible in law. The Applicant handed over vacant possession of the land for the parties. The Petitioner had to put up construction work thereon and start the proposed development work. The Petitioner was put in possession which was to continue until the completion of the project after which the entire land was to be jointly owned by the parties.

(3.) Clause 13 of the development agreement is the arbitration clause. Parties agreed to refer matters in respect of any difference or dispute between the parties with regard to the construction or the terms of the development agreement or with regard to the project undertaken to be resolved by the arbitration.