BKS GALAXY REALTORS LLP Vs. SHARP PROPERTIES

JUDGEMENT

(1.) By this Arbitration Appeal, the Appellants are seeking to set aside the impugned order dtd. 2/5/2024 passed by the Civil Judge, S.D. Belapur, in below exhibit 14 in Special Civil Suit No.87 of 2024. The impugned order was passed rejecting the Application filed by the Appellants under Sec. 8 of the Arbitration and Conciliation Act, 1996 (for short, "Arbitration Act") for referring the aforementioned Suit for Arbitration. The present Arbitration Appeal has been filed by the Appellants under Sec. 37 of the Arbitration Act.

(2.) Brief background of the facts is necessary to be stated as under:-

(3.) Mr. Samdhani, learned Senior Counsel appearing for the Appellants has submitted that the Agreement for Sale dated 5 th November, 2015 (referred to as "the said Agreement") is the main / principal document and all other documents therein are intertwined and integrally connected. He has submitted that the said Agreement, the MoU and the Allotment Letter are all executed on the same day and simultaneously. He has in support of these submissions referred to the averments made in the plaint and more particularly the paragraphs of the Plaint and corresponding page numbers in the Arbitration Appeal Paper Book wherein the said Agreement, the Mou and the Allotment Letter have been expressly referred to: (para "H" at page 152, para 56 at 153, para 57(d) at page 155, para 57(e) at page 157, para 57(f) at page 158, para 57(h) at page 159, para 58 at page 159, paras (ii) and (iii) at page 160, para 58 (iv) at page 161, para (vi) at page 162 and para 59(a) at page 163). Mr. Samdhani has submitted that the said Agreement, MoU and Allotment letter are part of one transaction. In law, they constitute an integral part of one transaction. This factual position has been admitted in the plaint.