Majeda Begum vs. Zipsam Developers Limited and others

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Case information

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Official index description (excerpt)

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A plain reading of sub-sections (1)-(4) of section 36 of the Real Estate Development and Management Act, 2010 as a whole suggests that those provisions stipulate alternative dispute resolution mechanism amicably or through appointing joint Arbitral Tribunal as per provision of Arbitration Act, 2001 at the instance of the developer, purchaser or the land owner at any stage of implementation of a real estate project in respect of offences provided under sections 21-25 and 27-30 of the Act, 2010 or violation of any terms of the contract between them and the decision of the Arbitral Tribunal would be binding upon them and the Arbitral Award cannot be questioned before any Court of law. The provision under sub-section (5) of section 36 of the Act, 2010 is very significant which clearly provides a forum to the parties to file case in an appropriate Court constituted under the Act, 2010 for their redress if they fail to constitute Arbitral Tribunal under section 36(3) of the Act, 2010 amicably. Except the offences arose out of the disputes between the parties as described in sections 21-25

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