MAYAVATI TRADING PVT. LTD Vs. PRADYUAT DEB BURMAN

JUDGEMENT

(1.) This arbitration petition has been made invoking provisions of sub-sections (6) and (6A) under section 11 , Arbitration and Conciliation Act , 1996.

(2.) Mr. Dutt, learned advocate appeared on behalf of petitioner and submitted, there is existing arbitration agreement contained in agreement dated 7th December, 1998 between his client and respondent. Respondent's father on having decided to develop his property, this agreement was entered into by his client, as developer. Apart from the agreement in respect of development of subject matter of it, parties had agreed as a term in said agreement, that which is as follows:-

(3.) His client came to know respondent is desirous of developing remaining part of the premises, in breach of above agreed term. Said agreement contains arbitration agreement under clause 16 therein. As such, there is existing arbitration agreement, for referring disputes arisen. His client by letter dated 8th June, 2018 had notified reference of disputes and nominated its arbitrator. Respondent not having nominated his arbitrator within thirty days therefrom, his client is before Court for appointment of nominee arbitrator of respondent, for the arbitrators to then appoint third arbitrator and proceed with the reference.