Joint development cancelation


Dear sir ,

 

My client entered into registered joint development agreement for the development of the land into residential complex.

The Developer  has paid 10 lakhs and even after 3 yeas not developed and he is interested to develop nor coming forward for cancellation of the said JDA

In the JDA there is clause for arbitration and conciliation if any disputes arises and

There is a  one more clause without prejudice to the the right of termination, to go for specific performance.

 

Please advise me what is the way to cancel the said development agreement

  1. Is it mandatory to approach with arbitrator by getting appointing him as  per the act
  2. Or can issue legal notice informing developer  that JDA is is cancelled and he can take he is money back,etc……..
  3. Or is there any remedy available

Please advise

 
Reply   
 
legalquestadvisor@gmail.com

Immediately issue a notice for arbitration by appointing an nominee for arbitrator seeking specific performance of the contract. if he is not responding to the same, you can approach the concerned High Court for appointment of Arbitrator. if you have any doubts call me on 9603975717

 

 
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