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2021 (12) TMI 1387 - DELHI HIGH COURTAppointment of an Arbitrator under the provisions of Sections 11(5) and (6) of the Arbitration and Conciliation Act, 1996 - time limitation - HELD THAT:- The two Judge Bench of the Hon’ble Supreme Court in DLF Home Developers Limited Vs. Rajapura Homes Private Limited and Another [2021 (9) TMI 1053 - SUPREME COURT] has observed that the jurisdiction of this Court under Section 11 is primarily to find out whether there exists a written agreement between the parties for resolution of disputes through arbitration and whether the aggrieved party has made out a prima facie arbitrable case. Whether the claims raised by the petitioner are time barred or not? - HELD THAT:- The conjoint reading of Clauses-36 & 37 makes it clear that a party does have a right to seek enforcement of agreement before the Court of law but it does not bar settlement of disputes through Arbitration and Conciliation Act, 1996. Moreover, Clause-37 also suggests how arbitration proceedings shall be conducted and in the light thereof. Petitioners have already proposed name of Mr.Justice (Retd.) Kailash Gambhir and respondent in its reply has proposed name of Mr. Justice (Retd.) Manmohan Singh as the second Arbitrator. Even otherwise, once respondent has proposed the name of second Arbitrator, it cannot be permitted to take objection of delay and latches as well as application of Clause-36 to the Addendum Agreement dated 19.04.2011 to the present case. This Court finds that the disputes inter se parties are arbitrable and can be adjudicated by the arbitral tribunal. A part of petitioner’s land has been transferred by the respondent to a third party i.e. M/s MGF Developments Ltd. - petition disposed off.
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