RAJEEV AGNIHOTRI Vs. ASHOK JAIN

JUDGEMENT

(1.) QUESTION NO.1

(2.) The factual backdrop culled from the clauses of the agreement/MOU giving rise to the dispute are to the effect that the first party i.e. relatives, friends and associates of applicant and applicant himself is the owner of land admeasuring 1,876 hectares (2,01,858 sq.ft. Approximately) situated at Khajrana, Indore. It intended to develop township. For the purpose of construction, non- applicant/respondent no.1 was approached and non-applicant agreed to the proposal of the applicant; first party expressing its willingness to undertake the responsibility of constructing the project for the applicant (Clause B).

(3.) It appears that dispute arose between the parties in the matter of carrying out construction activity of the project besides allegations and counter-allegations against each other in the matter of disturbing the financial discipline of the company etc. The applicant vide notice dtd. 5/11/2019 sent through speed-post to non- applicant/respondent called upon to appoint an arbitrator in terms of Clause 20 of the MOU (Annexure A-2 pg 20). The notice though received by the non-applicant on 7/11/2019 (pg 17), but was not replied to. As a result, the instant application under Sec. 11(6) of the Act of 1996 has been filed.