9911796707
TMI Blog2023 (5) TMI 3X X X X Extracts X X X X X X X X Extracts X X X X ..... be the owner of the suit property, more particularly described in the plaint. There was a Development Agreement-cum-General Power of Attorney (for short, 'the Development Agreement') executed on 23rd October 2008 by and between the appellant and the respondent. By the Development Agreement, the appellant was granted permissive possession for the purposes of carrying out development work on the pro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ferred to arbitration. There was a prayer made for referring the dispute to arbitration. The Trial Court rejected the plaint. The Trial Court also exercised power under Section 8 of the Arbitration and Conciliation Act, 1996 (for short 'the Arbitration Act'). The Trial Court directed the parties to refer their dispute to arbitration. In a revision application preferred by the respondent, the High ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... not an action in rem. He would, therefore, submit that the order of the High Court is erroneous and, therefore, the order of the Trial Court be restored. 5. The learned counsel appearing for the respondent submitted that the arbitration clause will not apply as the prayer in the suit is for cancellation of the agreement in accordance with Section 31 of the Specific Relief Act. Her submission is t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... inal on both the parties." (emphasis added) 7. The dispute, whether the Development Agreement stands cancelled or whether the agreement can be lawfully cancelled, is a dispute arising out of or in connection with the Development Agreement. Therefore, as per the arbitration clause, if the issue concerning cancellation is not mutually resolved, the same must be referred to arbitration. 8. The on ..... X X X X Extracts X X X X X X X X Extracts X X X X
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