Order No.  22  dt. 12/08/2016

Today is fixed for order in respect of the ptn. filed by o.p. nos. 4 & 5 dt. 13/08/2015 challenging the maintainability of the instant complaint case.

We have gone through the ptn. and perused the materials on record. Upon hearing of all the parties it is evident from record that due to the failure on the part of the complainant to repay the outstanding dues of Rs. 1,34,945.33 payable to Indian Infoline Ltd. i.e. o.ps. 1 to 3, the said company initiated an Arbitration Proceeding with the terms and conditions of the agreement between the parties. An Award was passed on 26/08/2011 in favour of India Infoline Ltd. after a contested hearing and submission of evidence by both the parties. The complainant was directed to pay a sum of Rs. 1,34,945.33 to the Indian Infoline Ltd. with interest within one month.

Complainant challenged the award before the Appellate panel of Arbitrators and Appellate Forum was pleased to modify the Award by directing the complainant to pay a sum of Rs. 59,190/-. This modified Award was passed on 10/02/2012. The complainant also filed an application u/s. 34 read with Sec.  81 of the Arbitration & Conciliation Act, 1996 before Ld. Court of District Judge of Alipore being Title Suite No. 49/2012 with almost similar and identical prayer and during the pendency of the instant case o.ps. 4 & 5 received a summons issued on 30/06/2015 by the said Ld. Court of District Judge of Alipore directing the o.ps. 4 & 5 to appear before said Ld. Court on 23/07/2015.

After receiving the summons o.p. nos. 4 & 5 immediately filed the instant ptn. challenging the maintainability of the case.

In view of above, the instant case is not maintainable before this Forum.

This Forum is not the proper Forum to adjudicate the matter involved in the instant case.

 The Ptn. dt. 13/08/2015 filed by o.ps. 4 and 5 is allowed on contest and accordingly disposed of.

So the case is not maintainable and accordingly the complaint case is dismissed.