Royal Palms Property Pvt.Ltd. v. Summit Apartment (Sra) Co-Op.Hsg.Socity Ltd.
Case brief
What is this about?
Single judge order appointing a sole arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996, holding that the court must only determine existence of arbitration agreement.
What did the court decide?
Appointment of Ms. Deepti Panda as sole arbitrator to decide disputes relating to the Estate Management Agreement dated 7.6.2013.
What the court decided
3.CARAP36.17.doc
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
IN COMMERCIAL DIVISION
ARBITRATION APPLICATION NO.36 OF 2017
Royal Palms Property Pvt. Ltd. )….Applicant V/s. Summit Apartment (SRA) Cooperative ) Housing Society Ltd. )....Respondent
Ms.Rajni Mishra I/by Intralegal for the applicant. Mr.Anwar Landge I/by Harshad A.Sathe for respondent.
---- CORAM : K.R.SHRIRAM,J DATE : 3.9.2018
P.C.:-
- The application is filed under Section 11 of the Arbitration
& Conciliation Act 1996 (the said Act).
2 Briefly stated, the applicant and respondent had entered into Estate Maintenance Agreement dated 7.6.2013. The flats/office/shop owners who were members of respondent society had agreed to pay to developer of the property and/or agency nominated by the developer, proportionate costs, charges and expenses for the maintenance of company's amenities, facilities, security charges and maintenance of landscaping charges and rent for grant of access road etc. In the agreement for sale executed with each purchaser of units, it was agreed to execute agreement with the society of each building for
Issues for consideration
2 issues framed by the court
Whether an agreement containing an arbitration clause can be referred to arbitration despite allegations of fraud and vitiation by the respondent.
Whether Section 11(6A) of the Arbitration and Conciliation Act, 1996 confines the court/filing authority to determine only the existence of an arbitration agreement and not issues of fraud or consent.
Parties & counsel
- applicant
Royal Palms Property Pvt. Ltd.
- respondent
Summit Apartment (SRA) Cooperative Housing Society Ltd.
Coram
K.R. SHRIRAM
Case details
As recorded by the court registry
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