FAISAL MOHAMMAD KHAN Vs. HARISINGH SAINI

JUDGEMENT

(1.) None for respondent despite of service of notice.

(2.) Applicants seek appointment of an Arbitrator for resolving the dispute said to have arisen out of Agreement of sale said to be executed between the applicants and the respondent, whereby, the respondent agreed to sell land bearing Khasra No. 2/2/Ka, P.C No. 10 Development Block Fanda, Tahsil Huzur, district Bhopal admeasuring 0.360 hectares for total consideration of Rs.28,50,000/ - out of which an amount of Rs.4,50,000/ - was paid as advance. It is urged that since respondent did not honour the contract, a dispute has arisen and though a notice was sent on 5.7.2013 invoking clause 6 of the Agreement for sale for appointing an arbitrator but no steps were taken, therefore, present application.

(3.) After hearing learned counsel for the applicants at length, this Court is of considered opinion that the application cannot be allowed for more than one reasons: