M/S. EAST END DEVELOPERS Vs. PRIYANATH NEOGY

JUDGEMENT

(1.) The application under Sec. 11 of the Arbitration and Conciliation Act, 1996 Act (hereinafter referred to as, "the 1996 Act") has been opposed by the respondent primarily on two grounds.

(2.) First, it is argued that since a prior proceeding has been filed with regard to the same dispute before the concerned Consumer Forum, the subsequent reference to arbitration under the 1996 Act is barred.

(3.) Secondly, it is contended that the agreement containing the arbitration clause, out of which the dispute has arisen, is insufficiently stamped, for which the application under Sec. 11 ought not to be entertained.