DAMAYANTI CAPUR Vs. STAR FACILITIES MANAGEMENT LTD

JUDGEMENT

(1.) THE plaintiff, namely, Smt. Damayanti Capur has filed the present suit under order XXXVII CPC for recovery of Rs.23,90,878/- plus interest @ 24% per annum and future interest from the date of institution of the suit till the realization of the amount.

(2.) THE plaintiff is a widow lady and on the date of filing of the suit, she was 69 years old. She is an Interior Designer by profession and is the sole proprietor of firm D's Designs having its office at New Delhi and the registered office at Kolkata.

(3.) AFTER the issuance of notice in the suit under Order XXXVII CPC in the prescribed manner, defendant No.1 filed the application under Sections 5 & 8 of the Arbitration and Conciliation Act, 1996 (hereinafter called the "Act") being I.A. No.15970/2010 on 17th November, 2010, inter alia, on the ground that there is an existence of arbitration clause in the agreement arrived at between the plaintiff and defendant No.1 and instead of invoking the arbitration clause, the plaintiff has filed the present suit, which is not maintainable.