SREE DURGA ESTATES Vs. J.A.S.PADMAJA

JUDGEMENT

(1.) The appellant filed this COMCA No.35 of 2022 under Sec. 13 of the Commercial Courts Act, 2015 R/w Sec. 37 of the Arbitration and Conciliation Act 1996 (hereinafter referred to as 'the Act, 1996')aggrieved by the order dtd. 12/9/2022 passed by the learned Special Judge, for Trial and Disposal of Commercial Disputes Court, Ranga Reddy District at L.B. Nagar in C.O.P. No.2 of 2022.

(2.) For the sake of convenience, hereinafter the parties will be referred to as "petitioner" and "respondents", as they were arrayed before the trial Court.

(3.) That the respondents in COP No.2 of 2022 are the absolute owners of the land admeasuring to an extent of Ac.5-02 gts in Sy.Nos.128 and 132 situated at Bachupally Village, Quthbullapur Mandal, Ranga Reddy District. Petitioner and respondents have entered into registered Development Agreement-Cum-General Power of Attorney, herein after called as "DAGPA" vide registration No.6750 of 2017 dtd. 30/6/2017 in respect of land to an extent of Ac.4.24.8gts for development of the said land into a gated community with independent villas and another development agreement vide registration document No.6751 of 2017 in respect of land Ac.00-17.2gts for development of commercial building. While things stood thus, disputes arose between the parties. The respondent Nos.1 and 2 cancelled the development agreement by issuing a legal notice on 10/9/2019. When the petitioner rejected the advances by respondent Nos.1 and 2 for cancellation of the development agreement the respondents have invoked arbitration clause and filed Arbitration Application No.40/2020 for seeking appointment of Arbitrator before this Hon'ble Court and the same was allowed and 8th respondent herein was appointed as 'sole Arbitrator' for adjudication of the disputes between the parties by its order dtd. 4/8/2020.