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Case Law Details

Case Name : Sawera Township India Pvt. Ltd Vs Faisal Bin Tirif (Telangana High Court)
Appeal Number : Arbitration Application No. 144/2021
Date of Judgement/Order : 01/09/2022
Related Assessment Year :
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Sawera Township India Pvt. Ltd Vs Faisal Bin Tirif (Telangana High Court)

Held that allegation of collusion between the arbitrator and the opposite party cannot be decided in an application filed under section 11 of the Arbitration and Conciliation Act, 1996

Facts-

The Applicant and the Respondent entered into a MOU cum agreement, wherein, the Applicant on the terms specified agreed to develop the subject property into housing plots. As per clause 13 of the MOU provided for an arbitration clause naming one Mr. Javeed Mohammed Janjua as the arbitrator to resolve the disputes between the parties.

Because of dispute, the Applicant issued another legal notice dated 19.10.2020 seeking the address of Mr. Javeed Mohammed Janjua to appoint him as the arbitrator. Since no reply was received, the Applicant issued another arbitration notice dated 21.06.2021 nominating an arbitrator. To the said notice, the Respondents replied on 10.07.2021 denying all the allegations and stating that arbitration notice dated 21.06.2021 is contrary to Clause 13 of the MOU which names Javeed Mohammed Janjua as an arbitrator.

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