JUDGMENT :

Gaurang Kanth, J.

1. The Petitioners have preferred the present petition under Section 11(6) of the Arbitration and Conciliation Act, 1996 seeking appointment of an arbitrator for adjudication of the disputes and differences alleged to have arisen between the parties out of and in connection with the Agreement for Sale dated 22.09.2009.

2. The facts leading to the filing of the present petition are as follows.

3. Petitioner No. 1, Rani Kaur Matharoo, along with her late husband Bhagwan Singh Matharoo, entered into an Agreement for Sale dated 22.09.2009 with Respondent No. 1, Swastik Project Private Limited, as the Developer and transferor, and Respondent No. 2, Chitrita Dey, in respect of purchase of a flat being Unit No. 3C, having a super built-up area of 2227.14 sq.ft. more or less on the 3rd floor of premises No. 12, Shakespeare Sarani, Kolkata – 700071, together with two covered car parking spaces on the ground floor of the said premises. The total consideration for the said flat was agreed at Rs. 34,40,710/-. According to the Petitioners, the entire sale consideration was paid and possession of the said flat was thereafter handed over to them. It is further stated that