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A R S RAGHAVAN (COMMERCIAL MANAGER)     24 March 2013

Arbitrator judgement

arbitrator has given an award to a society who had gone for arbitration against an mou signed with a developer and due to the marginal support later the society did not execute the development agreement and developer went to arbitration.

the award is saying that the mou is as good as development agreement and has to be executed by the society.

also that the society has to pay an amount of rs.50 lacs being the expnses spent by the builder.

actualy there was no clause in mou saying of any payment of any sort between both the parties.

this is an inflated amount.  which was spent to satisfy the credentials and construction maping etc.  Now as the award is given in favour of the builder how can this amount be asked by the builder from the society.

if the award is like either let the society go with the development agreement or pay this amount  it is ok.  but how can both be asked to be executed by the society.

 

can we have your openion.

the society at present does not have a committee and the committee has resigned 2 moths before.  now as per the new ordinance registrar cannot hold elections.

 



 1 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     24 March 2013

If the parties  to the agreement agree that the dispute or difference that would arise during the construction work or contract period should be referred to the arbitration within a prescribed date, and not later than that. If such clause is incorporated in the agreement, the claimand disputing should demand reference  to arbitration or file an application to the Court for constituting arbitral  tribunal before the prescribed date.If the claimant makes a demandfor reference or files an application before the court for reference after the prescribed date, his claim will be rejected as it is time-barred.


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