SRACHI DEVELOPERS PVT LTD Vs. BIDYUTLATA MOHAPATRA

JUDGEMENT

(1.) GA No. 2570 of 2008 has been filed by the Respondents to AP No. 376 of 2007, AP No. 376 of 2007, a petition under Section 9 of the Arbitration and Conciliation Act, 1996, was disposed of on January 8, 2008 without any effective order. The present application for recalling such order has been necessitated since there is an issue between the parties as to whether this Court would have any jurisdiction to entertain any petition arising out of the agreement dated November 1,2004.

(2.) The agreement is in the nature of a deed of partnership whereby the Respondents' contribution was a plot of land in Bhubaneswar and the Petitioner herein was to be the financing partner to develop the land.

(3.) It is the admitted position that proceedings under Section 11 of the 1996 Act have been instituted by the Respondents before the Orissa High Court at Cuttack. The Petitioner herein has instituted a subsequent petition under Section 11 of the 1996 Act, being AP No. 229 of 2008. AP No. 229 of 2008 has to be dismissed in view of the earlier petition under Section 11 carried by the Respondents to the Orissa High Court. This is in view of Sections 11(11) and 11(12)(b) of the 1996 Act.