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TMI Blog2018 (11) TMI 1688X X X X Extracts X X X X X X X X Extracts X X X X ..... al District Judge, Ranga Reddy District, L.B. Nagar, vide order dated 17.08.2017. 2. We have heard Mr. P.Veera Reddy, learned senior counsel for the appellants and Mr. D.Prakash Reddy, learned senior counsel for respondent No.1 in C.M.A.Nos.1257 and 1379 of 2017 and Mr. G.Subhash for Mrs. A.Anasuya, learned counsel for respondent Nos.1 to 3 in C.M.A.No.1380 of 2017 and perused the record. 3. Respondent No.1 filed three Society Original Petitions (SOPs) either alone or along with some others, inter alia for the following relief: "to pass order against the respondents granting mandatory injunction directing respondents No.1 and 2 to adhere to the main objectives of the Society prescribed under the bye-laws and to strictly be in complia ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... law. Except as otherwise specifically provided in this Agreement, the following provisions apply in the event of any dispute or difference arising among the Parties out of, in connection with or relating to the Agreement (The 'Dispute'). (a) The Dispute shall be deemed to have occurred, when one Party serves on the other Party/ies a notice stating the nature of the Dispute ('Notice of Dispute'). (b) The Parties hereto agree that they will use all reasonable efforts to resolve among themselves, any Disputes between them through negotiations. (c) Any Disputes and differences whatsoever arising between the Owners which could not be resolved by Parties through negotiations, within a period of thirty (30) days from the service of the N ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (g) The Parties here by submit to the Arbitrator's award and the award shall be enforceable in any competent court of law" 6. The learned counsel for the appellants argued that the main limb of Clause-19 provides for the resolution of disputes through arbitration arising under the agreement 'among the parties'. Alternatively, he submitted that sub-clause-(e) of Clause-19 of the Agreement, covers the disputes between the owners and the society. Mr. D.Prakash Reddy, learned senior counsel for respondent No.1, opposed the above submission. On a careful analysis of the main limb of Clause 19, it would be evident that it is in two parts. Under the first part, the owners agree that any dispute between them including the dispute relating to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... art and appellant No.1-'co-developer' falling under third part, are not comprehended by any of the Sub-clauses of Clause-19 so as to refer the same to an Arbitral Tribunal. While the Court below has adopted the same reasoning as was given by us above, it however relied on an additional ground for dismissing the I.As., viz., that unlike the addendum to Supplementary Development Agreement in the present case, the Addendum of the remaining three societies contained a clause for reference of disputes between the owners and the society to an arbitrator. In our opinion, the said additional reason does not suffer from any illegality as the same was evidently relied upon by the Court below to fortify its view on interpretation of Clause-19 of the A ..... X X X X Extracts X X X X X X X X Extracts X X X X
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