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2019 Supreme(P&H) 3234

RAJIV NARAIN RAINA
BPS Developers (P) Limited – Appellant
Versus
Permanent Lok Adalat, Palwal – Respondent


Advocates appeared:
For the Parties : Mr. Sanjiv Kumar Aggarwal, Mr. Harish Goyal

Table of Content
1. petitioner seeks possession under a builder-buyer agreement. (Para 1)
2. jurisdictional objections and arbitration clause raised. (Para 2 , 3 , 4)
3. court finds merit in the transfer of case. (Para 5 , 6 , 7)
4. order to transfer the case to permanent lok adalat, faridabad. (Para 8)
5. writ petition allowed partially. (Para 9)

Judgment

Mr. Rajiv Narain Raina, J. (Oral):- The petitioner has approached this Court against the order dated 21.4.2016 passed by the Permanent Lok Adalat (Public Utility Services), Palwal in case of Ms. Sapna Verma wife of Jugal Kishore vs. M/s B.P.S. Developers (P) Limited and M/s Crown Builders and Promoters. The respondent-Sapna Verma filed an application under Section 22 C (1) of the Legal Services Authority Act, 1987 praying for a direction to the Builder-respondent no.1 to give possession of Shop No.G-9, near Bus Stand, Palwal with completion certificate, after receiving the balance sale consideration, as per the terms of the builder-buyer agreement. In the alternative, the petitioner sought the refund of the amount paid by her.

2. The builder who is the present petitioner filed an application under Section 8 of the Arbitration and C

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