JEEWAN NIWAS COOPERATIVE GROUP HOUSING SOCIETY LTD Vs. CHIEF ADMINISTRATOR, HARYANA URBAN DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) The petitioner is a Cooperative Group Housing Society which was allotted plot No. 24, Sector 20, Panchkula vide allotment memo dated 15.06.1995 by the respondents. Full consideration of the plot is stated to have been paid and construction made within the stipulated period of time. However, some disputes are stated to have arisen regarding the calculation of enhanced compensation qua which the petitioner/society took a decision for reference of those disputes to arbitration in view of Clause 19 in the agreement inter-se between the parties which is the arbitration clause. The said clause reads as under:-

(2.) The petitioner issued a legal notice dated 20.03.2012 (Annexure P5) requesting the respondents not to recover the enhanced amount as demanded in view of the averments contained in the notice. The alternative prayer was made that if this was not acceptable, the disputes be referred to Arbitrator. However, no Arbitrator was appointed, but vide letter dated 23.05.2012, there has been a reiteration qua the liability of the petitioner.

(3.) Under the aforesaid circumstances, the petitioner had to approach this Court by filing the present petition under Section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the said Act) specifying the disputes in para 16 of the petition.