JAYANT N SHETH, PROPRIETOR STRUCT MAST ENGINEERS Vs. GYNESHWAR APARTMENT CO-OPERATIVE HOUSING SOCIETY LTD

JUDGEMENT

(1.) This is an application under sub-section (4) of section 11 of the Arbitration and Conciliation Act, 1996 ("Act") for appointment of an arbitrator to settle the disputes between the petitioner and the respondent society.

(2.) I have heard Mr. G. J. Makhija, learned Counsel for the petitioner. I have also heard Mr. Y.V. Divekar, learned Counsel for the respondent society. The contention of Mr. Divekar is that there is no arbitration agreement in this case between the petitioner and the respondent society within the meaning of section 2(1)(b) of the Act and hence no arbitrator can be appointed under section 11(4) of the Act to decide the disputes arising out of the work executed by the petitioner. When the learned Counsel for the petitioner was asked to show the arbitration agreement, he could not show any arbitration agreement between the parties in writing. He stated that there was an understanding between the parties to enter into an agreement and on that basis he seeks appointment of an arbitrator.

(3.) "Arbitration agreement " has been defined in Clause(b) of sub-section(1) of section 2 of the Act to mean an agreement referred to in section 7 of the Act. Section 7 reads as follows: