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07 June 2021 | Sri Subba Reddy Badwelu v. Sri Aditya-Vamsiram Homes LLP & another | Arbitration Application No. 91 of 2020 | P Naveen Rao J
The parties agreed that there was an arbitrable dispute except for one property sold to a third party. A suit by the applicant was also pending in which the second respondent had applied to refer the matter to arbitration. An application under Section 9 ACA against the second respondent was pending too.
Referring to Vidya Drolia v. Durga Trading Corporation, 2020 SCC OnLine SC 1018, the court said that it would only consider the arbitrator’s appointment. Because “when third party interest are involved, whether arbitral proceedings can commence also requires detailed consideration and cannot be gone into in a summary proceedings.”
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