NDLI: M/s Avinash Hitech City 2 Society & Ors. Vs. Boddu Manikya Malini & Anr. Etc.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Arbitration and conciliation Act s. 8 Parties referred to the Arbitration 1996
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Arbitration and Conciliation Act, 1996 (26 of 1996)
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Arbitration and conciliation Act, 1996 – s. 8 – The original land-owners executed 17 development agreements cum power of attorney in favour of one developer for developing an integrated complex – Subsequently, the owners constituted themselves into three societies which included appellant no.1-society – Thereafter, the parties to each of the Development Agreements executed supplementary Development agreements to their respective Development agreement – Accordingly, the developer was allotted 11 commercial complexes and the owners were allotted 4 commercial complexes – Respondents-owners were allotted a share in a building H1B and they were also the members of the appellant no. 1 society – Respondents and appellants entered into an Addendum to the supplementary Development agreement – Various spaces in building H1B were leased out to a company and rents were collected by the appellant no.1– Respondents sought sharing of the rent of the leased space – Pursuant thereto, respondents filed applications u/s. 23 of Societies Registration Act before the District Judge – Appellants filed applications u/s. 8 of the Arbitration Act and sought the appointment of Arbitrator in the light of the arbitration cl. 19 of the addendum – District Judge held disputes between the parties were not covered u/cl. 19 of the Addendum – Aggrieved, appellants filed appeals before the High Court, which were dismissed – On appeal, held: As per cl. 13 of the Addendum/Agreement, the societies were the “sole authorities” to collect/receive the lease rents in respect of the extends leased out in a given building earmarked as the share of the owners in the completion and pool the entire revenue generated from each of the buildings by way of lease rents and distribute the same to the owners – Therefore, the dispute between the respondents and the appellants with respect to the sharing of the rent with respect to the leased space can be said to be related to the Addendum and /or in connection with or relating to the Addendum – Cl.19 was applicable in the event of any dispute and difference arising among the parties out of, in connection with or relating to the agreement – Both the High Court and District Judge committed error in not referring the dispute between the appellants and the respondents to the arbitration – Parties referred to the Arbitration – Andhra Pradesh Societies Registration Act, 2001 – s. 23.
Judge	Hon'ble Mr. Justice M.R. Shah
Neutral Citation	2019 INSC 1011
Petitioner	M/s Avinash Hitech City 2 Society & Ors.
Respondent	Boddu Manikya Malini & Anr. Etc.
SCR	[2019] 12 S.C.R. 95
Judgement Date	2019-09-06
Case Number	7047

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M/s Avinash Hitech City 2 Society & Ors. Vs. Boddu Manikya Malini & Anr. Etc.

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