STATE CONSUMER DISPUTES REDRESSAL COMMISSION , WEST BENGALBHAWANI BHAWAN (Gr. Floor), 31 Belvedere Road. Kolkata -700027
RC No. 106 of 2009
1. M/S Apeejay Finance Group Ltd.(Now Known as Family Credit Ltd.) Apeejay House, 15, Park Street, Kolkata- 700016.
...........Appellant(s)
Vs.
1. Bright Electric Company.a partnership Firm, represented by its Partner, Shib Nath Das, F-7, Purbasa. PO. Natagarh, Sodepur, Kolkata- 7000113. 2. Mohan Motor Udyog.represented by its Director, 226/1, A.J.C. Bose Road. Kolkata- 700020.3. Sri Partha Singha.Assistant General Manager, Sales of Proforma opposite Party No. 2, M/s Mohan Motor Udyog. 226/1, A.J.C. Bose Road. Kolkata- 700020.4. Babin's Automobiles, Repersented by its Partner, Natagarh Main Road. PS. Sodepur, Kolkata- 7000113.5. Royal Sundarams Alliance Insurance Ltd. represented by its General Retail and Channel Management, Regd. Office at 20, Patullos Road. Chennai- 600002.
...........Respondent(s)
For the Appellant :
Mr. Feroze Ahmed.Mr. H. Brahmachary., Advocate for
For the Respondent :
Dated : 29 Oct 2009
ORDER
No. 1/29.10.2009.
HON’BLE JUSTICE SRI A. CHAKRABARTI, PRESIDENT.
Heard Mr. H. Bramhachari, the Ld. Advocate for the Revision Petitioner who undertakes to file fresh Vokalatnama and vehemently argued in support of the revision petition.But on perusal of the impugned order we find that the order was passed deciding the question raised before the Forum concerned as regards maintainability of the complaint on the ground of existence of an arbitration clause in the agreement between the parties.
The position in law in this respect is clear.We find that the District Forum has considered the entire law and following the law so laid down by the Apex Court the objection raised has been held to be not maintainable.We do not find any ground to differ with the said findings.Mr. Bramhachari, the Ld. Advocate though argued in support of the revision petition but is unable to show any change in law in respect of the said view taken in Skypark Courier Ltd. – vs. – TATA Chemical Ltd. reported in 2000 II CPJ 6 by the Apex Court.In the circumstances the revision petition is dismissed.The District Forum will proceed with the matter in accordance with law granting all the parties opportunities as they are entitled under the law.
MR. A K RAY, Member
HON'BLE JUSTICE ALOKE CHAKRABARTI, PRESIDENT
MRS. SILPI MAJUMDER, Member
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