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IN THE HIGH COURT AT CALCUTTA
SOUMEN SEN, APURBA SINHA RAY
Maa Vaishno Devi Enterprise – Appellant
Versus
Samujjal Enterprise – Respondent
JUDGMENT :
Soumen Sen, J.
1.The appeal is arising out of a judgment and order passed by the learned 2nd Court at Barasat in connection with an application filed under Section 8 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the ‘said Act’).
2. The dispute between the parties is arising out of a registered development agreement executed by and between the plaintiff, Samujjal Enterprise, the opposite party no.1 herein and the appellants on 6th January, 2014.
3. The appellant no.1 is a proprietorship firm represented by the appellant no.2. Initially a development agreement was entered into between the appellants with one Debjani Sarkar the original owner of the property in question on 6th January, 2014. Subsequently the owner transferred the property in favour of one Soma Singh on 19th May, 2015. Soma Singh by a registered deed of sale dated 13th March, 2019 conveyed the property in favour of the plaintiffs/respondents. The plaintiff is the present owner of the property. The appellants alleged that Debjani Sarkar could not have transferred her interest in the suit property in favour of 3rd parties in supersession of the earlier agreement. It is submitted that th
Disputes capable of being adjudicated by the Civil Court are generally amenable to arbitration, unless expressly excluded. The importance of appointing an eligible arbitrator was also emphasized.
Disputes arising from a lease agreement containing an arbitration clause can be referred to arbitration even when a non-signatory is involved, provided the claims are within the scope of the arbitrat....
A non-signatory purchaser claiming through a party to an arbitration agreement is bound by that agreement, and the doctrine of lis pendens applies to prevent property transfers during arbitration pro....
A settlement agreement that explicitly supersedes an original contract and lacks an arbitration clause is not subject to arbitration, reinforcing the principle of separability.
The court emphasized strict adherence to procedural requirements for references to arbitration under the Arbitration Act, dismissing applications that do not explicitly comply.
Rejection of plaint – When a statute prescribes to do certain thing in a certain manner, the thing has to be done in same manner or not at all – All other modes are expressly forbidden.
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