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2020 DIGILAW 358 (PAT)

Nageshwar Singh Swaraj v. Rukmani Buildtech Private Limited

2020-07-03

SANJAY KAROL

body2020
ORDER : Sanjay Karol, J. 1. In terms of the present Petition filed under Section 11(6) of the Arbitration and Conciliation Act, 1996, petitioners seek referral of disputes to an arbitrator in terms of Clause 20 contained in the development agreement dated 26.7.2012. 2. The execution of the agreement inter se the parties, containing the arbitral clause is not in dispute. For ready reference, its translated version of Clause 20 read under: "That any dispute would be dealt by independent arbitrator under Arbitration and Conciliation Act, 1940 and Arbitration and Conciliation Act 1996 and the disputes would be resolved in the jurisdiction of Patna." 3. There are disputes, inter se the parties concerning the said agreement is evident from previous litigations.