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TMI Blog2011 (7) TMI 1390X X X X Extracts X X X X X X X X Extracts X X X X ..... n Society as the owner, and the appellant as the developer, in regard to three acres of land and that clause 18 of the said agreement provided for settlement of disputes arising out of the said agreement by arbitration. It is further alleged by the appellant that on 20.2.2007, the said Father A. John. Bosco, President, The Guanellian Society, executed a power of Attorney in favour of the Appellant in connection with the development of the said property with power to enter into agreements of sale and also to transfer and convey an extent of 70% undivided share in the said property. 3. The Gaunellian Society, ('Society' for short) the Respondent herein, at its Extraordinary Meeting held on 10.1.2008, passed a resolution that the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d that Father A. John Bosco had signed the said agreement, only in his capacity as the President of the Society and not in his individual capacity and therefore the application under Section 11 of the Act by the Society was maintainable. 6. The said order is contested by the Appellant, inter alia, on the following grounds: (i) The joint development agreement was entered into between Father A. John Bosco, as the owner of the property and the Appellant, as developer. As the Society was not a party to the joint development agreement, there is no privity of contract between the Society and the Appellant. The arbitration clause in the said agreement could not therefore be invoked by the Society for resolving any dispute relating to the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aid copies produced by the Respondent society. 8. An examination of the photocopy of the joint development agreement shows clearly that it was not executed by Father A. John Bosco in his individual capacity. The document describes 'Father A. John Bosco, President, Gaunellian Society' as the first party or the owner. The signature of the first party/ owner on each page of the document is as under: For The Gaunellian Society [sd/- Fr. A. John Bosco] President The said agreement is also signed by Mr. Pushpchand Chordia as the power of attorney holder of the partners of the Appellant. There are only the said two signatories to the agreement, that is the Society represented by its President and the Appellant repr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion of the Appellant that the owner is Father A. John Bosco, and not The Gaunellian Society , is taken to its logical conclusion, the effect would be that there is no joint development agreement or power of attorney by the owner of the properly in favour of the Respondent and the joint development agreement and the power of attorney signed by a party who is not by the owner would be worthless papers. Be that as it may. We have referred to this aspect only to show the absurdity of the contention raised by the Appellant. 10. The Respondent Society has no doubt contended that the contract was concluded with unconscionable and unfair terms and that the Managing Committee of the Society had not authorized its President -- Father A John, B ..... X X X X Extracts X X X X X X X X Extracts X X X X
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