SANTOSH PATIDAR Vs. AYODHYABAI

JUDGEMENT

(1.) This application under Sec. 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Act of 1996) has been filed by the applicant for appointment of Arbitrator to adjudicate the dispute between the parties.

(2.) In brief, the case of the applicant is that he had entered into an exchange agreement dtd. 15/10/2021, with 8 persons (assign numbers??) namely 1.Smt. Ayodhyabai W/o Late Shri Gopalji Balai, 2.Madanlal S/o Late Shri Gopalji Balai, Savita D/o Late Shri Gopalji Balai, Rekha D/o Late Shri Gopalji Balai, Krishnabai W/o Manohalji Balai, Kundan S/o Manoharji Balai, Priya D/o Manoharji Balai and Khushi D/o Manoharji Balai.

(3.) The said agreement was for the exchange of land, and admittedly out of the aforesaid 8 persons as party of the first part, only 5 persons have signed the agreement, and Savina, Priya and Khushi have not signed the same, and Clause 3 of the terms and conditions of the said agreement also provides for reference of dispute to Arbitrator.