SALMAN ANWAR Vs. RAM JHAROKHI AND OTHERS

JUDGEMENT

(1.) This appeal filed under Section 37 of Arbitration and Conciliation Act, 1996 (for short 'Act') raises an interesting legal question. The question is whether the word "a party" used in Section 9 of the Act includes legal representative or not Ancillary question is whether appellant's application under Section 9 of the Act was maintainable

(2.) Draped in brevity, the relevant facts are that an agreement to sell was executed between present appellant and Shri Rajesh Deshwali on 18.5.2007. The agreement contains certain terms and conditions. Clause 12 of the agreement contains an arbitration clause pursuant to which in the event of any dispute between the parties, the dispute needs to be referred to sole Arbitrator Shri Ashraf Ali, Advocate.

(3.) The case of appellant is that Shri Rajesh Deshwali failed to perform his part of contractual obligation within the stipulated time and; therefore, appellant filed arbitration application before sole Arbitrator on 30.9.2010 Annexure A/3. After filing said arbitration application, petitioner received the information that Shri Rajesh Deshwali has died. Thus, an application was preferred by appellant before the Arbitrator for taking legal representatives of said Shri Rajesh Deshwali on record.