DEEPAK MEHRA Vs. SUJOY KUMAR NAG

JUDGEMENT

(1.) This application under Section11 of the Arbitration and Conciliation Act, 1996 has been filed by the applicants for appointment of arbitrator to resolve the dispute between the parties.

(2.) The case of the applicants is that they are involved in hospitality industry and real estate whereas, the respondents had represented that they were the owners of the land in question and interested to develop a housing complex and hotel. Therefore, the agreement dtd. 5th August, 2009 was executed between the parties. The said agreement contains following arbitration clause:

(3.) According to the applicants, initially, the respondents had represented for construction through local contractor and the applicants were to supervise but subsequently, the supervision was also withdrawn and on completion of the project, the respondents are using the property without giving the share to the applicants. The applicants had given notice dtd. 08th July, 2019 invoking the Arbitration Clause and suggesting the name of the sole Arbitrator. The said notice was replied on 15th July, 2019 by the respondents refusing to accept the prayer for arbitration.