M/S Puri Construction Pvt. Ltd. vs Mr. Vinod Kumar Gandhi
2010 Latest Caselaw 427 Del

     *            IN THE HIGH COURT OF DELHI AT NEW DELHI


                                                        Date of Order: January 25, 2010
+ CM(M) 102/2010
%                                                                              25.01.2010
     M/s Puri Construction Pvt. Ltd.                                   ...Petitioner
     Through: Mr. M.R. Shamshad, Advocate

         Versus

         Mr. Vinod Kumar Gandhi                                        ...Respondent

Through:

JUSTICE SHIV NARAYAN DHINGRA

1. Whether reporters of local papers may be allowed to see the judgment?

2. To be referred to the reporter or not?

3. Whether judgment should be reported in Digest?

ORAL

1. By way of present petition, the petitioner has assailed an order dated 18 th

December 2009 passed by the Consumer Disputes Redressal Forum VI, New Delhi

whereby the Consumer Forum dismissed an application of the petitioner that the

proceedings before it should be stayed on the ground that there was an arbitration

agreement and in view of Section 5 of the Arbitration & Conciliation Act, 1996.

2. Learned counsel for the petitioner was asked to point out a valid arbitration

agreement existing between the parties duly signed by the parties therein. He

admitted that there was no arbitration agreement signed by the respondent. He

relied upon Annexure-A which seems to be a part of broacher of the petitioner giving

intimation about terms and conditions for provisional allotment of a Unit in the

project of the petitioner.

3. It is settled law that the arbitration agreement between the parties must be

signed by both the parties or it should reflected that both the parties had agreed to

arbitration by means of exchanged correspondence. As the petitioner has failed to

CM(M) 102/2010 M/s Puri Construction Pvt. Ltd. v. Mr.Vinod Kumar Gandhi Page 1 Of 2 show even existence of an arbitration agreement, I find no ground to interfere with

the order. The order passed by learned Consumer Forum does not suffer from any

infirmity. The petition is hereby dismissed. No orders as to costs.

January 25, 2010                                     SHIV NARAYAN DHINGRA J.
rd




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