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2022 Supreme(SC) 265

INDIRA BANERJEE, A. S. BOPANNA
Ravi Ranjan Developers Pvt. Ltd. – Appellant
Versus
Aditya Kumar Chatterjee – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Ajit Kumar Sinha, Sr. Adv., Dr. Maurya Vijay Chandra, Adv., Mr. Abhishek Ritabh Shukla, Adv., Mr. Naveen Soni, Adv., Mr. Prem Prakash, AOR
For the Respondent: Mr. Sanjay Ghosh, Sr. Adv., Mr. Rajiv Ranjan Mishra, Adv., Mr. Partho Ganguly, Adv., Mr. Saurabh, Adv., Mr. Naman Jain, Adv., Mr. Narender Kumar Verma, AOR

JUDGMENT :

INDIRA BANERJEE, J.

Leave granted.

2. These appeals are against an order dated 13th August 2021 passed by the Calcutta High Court, allowing the Arbitration Petition No.46/2021 filed by the Respondent under Section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the 'A&C Act'), for appointment of an Arbitrator and also an order dated 4th October 2021 passed by the High Court, rejecting an application made by the Appellant for review of the said order dated 13th August 2021, being R.V.W.O. No.14/2021.

3. The Appellant and the Respondent entered into a Development Agreement dated 15th June 2015 for development of property situated at Muzaffarpur in Bihar measuring about 12 Kaithas and 11 Dhurs, more fully described in the said Development Agreement, outside the jurisdiction of Calcutta High Court. The said Development Agreement executed and registered in Muzaffarpur in Bihar, contains an arbitration clause, which is set out hereinbelow for convenience:

    “37. That in case of any dispute or difference between the parties arising out of and relating to this development agreement, the same shall be settled by reference of the disputes or differences to

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