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2019 (9) TMI 321 - SC - Indian LawsReference of dispute between the parties to the Arbitrator - scope of the terms of the agreement - Section 8 of the Arbitration and Conciliation Act, 1996 - application filed under Section 23 of the Societies Registration Act to Arbitration - HELD THAT:- Clause 19 shall be applicable in the event of any dispute and difference arising among the parties out of, in connection with or relating to the agreement - In the present case, the developers, owners, societies and the original owners and even subsequent societies formed are parties to the agreement and the Addendum. It is also required to be noted and, as observed hereinabove, the dispute is with respect to sharing of the rent of the leased space and it can be said that the respondents are also claiming the share relying upon the Development Agreements; Supplementary Development Agreements and the Addendum. Therefore, the dispute can be said to in connection with or relating to the Agreements also. Clause 19 of the Addendum to the Supplementary Development Agreement shall be squarely applicable and therefore the disputes between the respondents and the appellants for which the respondents initiated proceedings under the Societies Registration Act, are required to be referred to the Arbitration and/or to the Arbitral Tribunal - both the High Court and the learned District Judge have committed grave error in not referring the dispute between the appellants and the respondents to the arbitration.
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