Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Arbitration and Conciliation Act 1996 - s.11 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Arbitration and Conciliation Act, 1996 (26 of 1996) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Arbitration and Conciliation Act, 1996 - s.11 - Petition under - lmpleadment of a non-party to arbitration agreement - Development agreement between second respondent-developer and owners of lands for constructing multi-storied apartments - First respondent wanted to purchase an apartment and for such purpose took housing loan from appellant - Land-owners and the developer executed a registered sale deed in favour of first respondent in respect of an unfinished apartment - First respondent entrusted construction of the unfinished apartment to the developer under a construction agreement dated 21-2-2008 containing an arbitration clause - Dispute between first respondent and developer - First respondent invoked arbitration clause contained in the construction agreement dated 21-2-2008 and later filed petition u/s. 11 - In the said petition, the appellant was also impleaded as a respondent along with the developer - Designate of the Chief Justice of High Court allowed the application u/s.11 and appointed a sole arbitrator - Whether the appellant, a non-party to the construction agreement dated 21-2-2008 containing the arbitration clause, could be roped in, as a party to such arbitration - Held, No - If a person who is not a party to the arbitration agreement is impleaded as a party to the petition u/s. 11, the court should either delete such party from the array of parties, or when appointing an Arbitrator make it clear that the Arbitrator is appointed only to decide the disputes between the parties to the arbitration agreement - In the instant case, the existence of an arbitration agreement in a contract between appellant and first respondent did not A enable the first respondent to implead the appellant as a party to an arbitration m regard to his disputes with the developer - Petition u/s. 11 against the appellant was misconceived as it was not a party to the construction agreement dated 21-2-2008 - Order of the designate of the Chief Justice of High Court set aside m part, insofar as the appellant is concerned. |
Judge | Hon'ble Mr. Justice R.V. Raveendran |
Neutral Citation | 2011 INSC 236 |
Petitioner | Deutsche Post Bank Home Finance Ltd. |
Respondent | Taduri Sridhar And Anr. |
SCR | [2011] 5 S.C.R. 674 |
Judgement Date | 2011-03-29 |
Case Number | 2691 |
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