No.9/28.08.2015

HON’BLE JUSTICE MR. KALIDAS MUKHERJEE, PRESIDENT

            This order relates to hearing on MA 286 of 2015 filed by OP No.1 u/s 8 of the Arbitration and Conciliation Act, 1996 praying for referring the dispute by and between the parties to the Arbitrator as per terms of agreement. 

            The Learned Counsel for the Misc. Applicant has referred to the decisions reported in (2005) 8 SCC 618 [SBP & Co. vs. Patel Engineering Ltd. & Anr.]; (2007) 3 SCC 686 [Agri Gold Exims Ltd. vs. Sri Lakshmi Knits & Wovens & Ors.]; (2003) 6 SCC 503 [Hindustan Petroleum Corpn. Ltd. vs. Pinkcity Midway Petroleums]. 

            The Learned Counsel for the Complainant opposed the Miscellaneous Application and referred to the decision reported in 2013 (2) CPR 756 (NC) [DLF Ltd. Vs. Mridul Estate (Pvt.) Ltd. & Ors.].

            We have heard the submission made by both sides and perused the papers on record.  It is now well settled as held by the Hon'ble National Commission in the case of DLF Ltd. Vs. Mridul Estate (Pvt.) Ltd. & Ors. (supra) that the Consumer Fora constituted under the C. P. Act are not bound to refer the dispute raised in the complaint on an application filed u/s 8 of the Arbitration Act, 1996 seeking reference of the dispute to an Arbitral Tribunal in terms of valid arbitration clause in the agreement entered into between the parties.  Relying on the aforesaid decision of the Hon'ble National Commission, we are unable to accept the contention of the Learned Counsel for the Misc. Applicant. 

            MA 286 of 2015 is dismissed.  To 15/09/15 for filing W.V.