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The Court held that whether there has been a “failure to act” must be determined by examining the circumstances as a whole and whether a reasonable time had elapsed for performance of the agreed appointment procedure.
The dispute arose after a hotel redevelopment project generated profits from the sale of newly developed properties. While the builders claimed entitlement to a share of those profits under an alleged partnership arrangement, the owners stated that the parties’ relationship was governed solely by a building contract.
“Arbitration is founded upon consent. A party may be bound by the arbitral process only if it is first shown, even at a prima facie level, that such a party had agreed to submit disputes to arbitration.”
The Single Judge in order dated 16-07-2024 held that there are enough documents proving that appellant had started construction on Virar property even though there is a status quo order, and thus, to safeguard and preserve the property, a Court Receiver needs to be appointed.
The changes made in the supplementary partnership deed without the previous approval of BPCL are violative of Clause 21 of the distributorship agreement.