Valmiki J. Mehta, J (Oral):

C.M. No.18930/2014 (exemption)

1. Exemption allowed subject to just exceptions.

C.M. stands disposed of.

C.M.(M) No.1021/2014 and C.M. No.18931/2014 (stay)

2. This petition under Article 227 of the Constitution of India is filed by the plaintiff in the suit seeking setting aside of the impugned order dated 31.7.2014 by which trial court has allowed the application filed by the defendant/respondent no.1 under Section 8 of the Arbitration & Conciliation Act, 1996 (hereinafter referred to as ‘the Act’) and held that the suit proceedings could not be continued in view of the arbitration clause between the parties i.e parties were to resolve their disputes by arbitration.

3. The subject suit was filed by the petitioner/plaintiff for recovery of Rs.12,64,258.80/- claiming that the defendant has failed to perform the contract and has failed to give the flat which was booked by the petitioner/plaintiff in a project “Parklands” in Faridabad, Haryana. The total amount claimed in the suit was Rs.12,64,258.80/- out of which Rs.8,97,671/- was towards principal amount being the advance sale price paid and the balance was towards interest.

4. It is an undisput