16.01.2013.

S. COARI, MEMBER.

The record is placed today for passing necessary orders in respect of admissibility of the present revisional application.  At the time of admission hearing it has been submitted on behalf of the Revisional Petitioner that though on the consent of the parties Hon’ble High Court, Calcutta has appointed a Senior Advocate as an arbitrator to adjudicate upon the disputes covered by the arbitration agreement entered into by and between the parties it was not just and proper on the part of the Ld. District Forum to proceed with the consumer complaint and fixed a date for hearing argument of the case.  Being aggrieved and dissatisfied in passing of the impugned order there by fixing 17.01.2013 for hearing of argument the present revisional application has been filed.  According to the Ld. Advocate for the Revisional Petitioner unless and until the arbitration proceeding is concluded the Ld. District Forum ought to have stopped the proceeding pending before it and in passing the impugned order thereby rejecting the application preferred by the Revisional Petitioner in this regard thereby praying for staying the proceeding of the consumer case is totally illegal and unauthorized exercise of jurisdiction and accordingly, the impugned order is liable to be set aside and consequently, this is a fit case for admitting the present revisional application.

We have duly considered the submission so put forward on behalf of the Revisional Petitioner and also gone through the materials on record including the impugned order and find that the Ld. District Forum has traversed the points urged by the Revisional Petitioner and in our opinion was quite justified and within its jurisdiction to pass the impugned order.   When admittedly there was no material before the Ld. District Forum for a presumption that the arbitration proceeding has already been started and more so in the absence of direction from the Hon’ble High Court for keeping the case in abeyance we think it was just and proper on the part of the Ld. District Forum to dismiss the application praying for staying the proceeding at the instance of Revisional Petitioner and fixed a date for hearing argument of the complaint case.  Having considered the present case in the light of above discussions we find no merit in the present revisional application and the same stands dismissed without being admitted.