Deccan Enterprises vs. Jupiter Enteprises

ARBITRATION APPLICATION NO.204 OF 2010

M/s.Deccan Enterprises ....Applicants V/s. M/s.Jupiter Enterprises ....Respondents

Mr.Vishal Kanade i/b S. Mohamedbhai & Co. for the Applicants.

None for the Respondents.

CORAM : S.J. VAZIFDAR, J. DATE : 18TH FEBRUARY, 2011.

P.C. :-

1. This is an application under section 11 of the Arbitration and Conciliation Act, 1996.

2. The respondents were absent on the previous occasion. They are absent today. The parties had entered into an agreement dated 2.6.1990, whereunder the respondents agreed to sell and transfer to the applicants and to permit the applicants to consume and deal with the balance FSI available on a plot of land at Andheri.

3. Although the agreement was entered into on 2.6.1990, correspondence annexed to the application indicates that the agreement had been kept alive from time to time. For instance, by a letter dated 29.5.2006, the respondents called upon the applicants to sort out all the pending matters and start the construction within a week from the date of the receipt of the letter, failing which it was stated that the agreement

would stand terminated. Further correspondence ensued. As the differences and disputes remained to be resolved, the applicants by their advocates letter dated 15.6.2007, inter-alia set out the disputes, invoked the arbitration agreement contained in clause 21 of the said agreement and nominated an arbitrator. The respondents in their reply dated 12.7.2007 did not concur in the appointment of the arbitrator. By a further letter dated 20.10.2010, the applicants once again invoked the arbitration clause as aforesaid.

4. The arbitration application is therefore, disposed of by appointing Mr.Justice V.C. Daga, a former Judge of this Court. The arbitrator appointed by the applicants viz. Mrs.Justice K.K. Baam, a former Judge of this Court and the arbitrator nominated hereby on behalf of the respondents viz. Mr.Justice V.C. Daga, a former Judge of this Court, shall appoint a presiding arbitrator and proceed with the reference.