GHANSHYAM SHARMA Vs. SOUTH CITY PROJECTS KOLKATA LIMITED

JUDGEMENT

(1.) Ga No. 143 of 2012 is an application for recalling an order dated December 22, 2011 passed on a request under section 11 of the Arbitration and Conciliation Act, 1996. In view of the grounds shown, the order dated December 22, 2011 is recalled and AP No. 139 of 2011 is restored to the file G.A. No. 143 of 2012 is allowed without any order as to costs. By consent of the parties, AP No. 139 of 2011 is immediately taken up by treating the matter as on the day's list.

(2.) The request under section 11 of the Arbitration and Conciliation Act, 1996 has been carried to the Chief Justice of this Court or his designate on the strength of the reference to a previous agreement contained in a clause of the deed of conveyance executed between the parties. The petitioners are the owners of a flat at the South City Complex. The petitioners have a grievance against the developer on account of alleged poor workmanship, the developer acting contrary to the specific representation as to the use of the space and in the developer attempting to sell space beyond its entitlement to unjustly enrich itself by leaving the complex cluttered.

(3.) At the time that the petitioners applied for a flat at the complex there was an agreement entered into between the parties which has been referred to in the deed of conveyance as the first declaration. Under such first declaration the developer undertook certain obligations and the petitioners' present grievance is that the developer's conduct is in breach of the obligations contained in the first declaration. There was a further document executed by the parties which has been referred to in the deed of conveyance as the second declaration. The following clauses of the deed of conveyance are relevant.