Calcutta High Court (Appellete Side)
Akd M/S. Unnayan Builders Pvt. Ltd. & Anr vs Malay Burman & Anr on 23 June, 2016
Author: Soumen Sen
Bench: Soumen Sen
1
04 23.06.16 C.O. 508 of 2016
Ct. No. 37
akd M/s. Unnayan Builders Pvt. Ltd. & Anr.
Vs.
Malay Burman & Anr.
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Mr. Sujash Ghosh Dostidar, Ms. Sankari Roy.
... for the petitioner.
In spite of service there is no representation on behalf of the opposite parties. Let the affidavit of service filed in Court today be kept with the record.
It appears that the opposite parties initiated a complaint case on the basis of an agreement dated 1st June, 2009, which contains an Arbitration Clause. An application was filed by the petitioners for staying of the said proceeding and referring the disputes to the Arbitration in view of the judgement of this Court in the case of Sudarshan Vyapar Pvt. Ltd. & Anr. vs. Madhusudan Guha & Anr. reported in 2012 (1) CHN 543 and a judgement of the Hon'ble Supreme Court in the case of SBP & Company vs. M/s. Patel Engineering reported in AIR 2006 SC 450.
Although the aforesaid judgements were noticed the State Consumer Disputes Redressal Commission (hereinafter referred to as "State Commission") appears to have relied upon the order dated 13th May, 2013 passed by the National Consumer Disputes Redressal Commission in a Revision Petition No. 412 of 2011 (DLF Ltd. vs. Mridul Estate Pvt. Ltd.) and another decision of the Hon'ble Supreme Court dated 2 6th September, 2013 in connection with Civil Appeal (Diary No. 20923/2013)(Rosedale Developers Private Limited vs. Aghore Bhattacharya & Ors.).
In view of the clear pronouncement of the Supreme Court judgement in the case of SBP & Company (supra) it is no more open to the State Commission to rely upon DLF Ltd. (supra) and Rosedale Developers Private Limited (supra) to deny the relief to the petitioners.
In view thereof this revisional application stands allowed. The Complaint Case No. CC/326/2014 stands dismissed.
The petitioners shall take steps in accordance with law.
There will be no order as to costs.
(SOUMEN SEN, J.)