ARATI DHAR Vs. S K DUTTA

JUDGEMENT

(1.) This petition has been filed under section 34 of the Arbitration and Conciliation Act, 1996 [hereinafter called ACA 96] for setting aside an award made and published on 21st November 2000.

(2.) Material facts of the case are that in terms of an agreement dated 13th July 1996 between Smt. Madhavi Chatterjee represented by her constituted attorney Mr. Sudhendu Kumar Dutta and the petitioner, Sm. Arati Dhar, she agreed to purchase proportionate share in Plot No. 37, Regent Park at Premises No. 131/37, Netaji Subhas Chandra Bose Road, Calcutta-700 040, as well as to have a flat measuring about 650 sq.ft. constructed by said Sudhendu Kumar Dutta in consideration of paying a sum of Rs. 6.50 lacs.

(3.) Under the terms of the said agreement the said Sudhendu Kumar Dutta was to make over possession of the flat to the petitioner within two months from the date of execution of the agreement dated 13th July 1996. The said two months expired on 13th September 1996. Under the agreement the flat earmarked for the petitioner was Flat No. 5 But the said flat could not be completed within time. It was, therefore, agreed that the respondent Mr. Sudhendu Kumar Dutta will provide an alternative accommodation to the petitioner in a flat measuring about 1000 sq. ft. area on the ground floor of Premises No. 5B, Greek Church Row, Calcutta - 700 040, on terms and conditions which are contained in a separate agreement dated 19th September 1996.