BHAIRAB KARMAKAR AND CONSTRUCTION COMPANY Vs. SARBARI BISWAS

JUDGEMENT

(1.) THIS is an application filed under Section 11 (6) of the Arbitration and conciliation Act, 1996.

(2.) THE case of the petitioner is that there was a development agreement between the parties and the same contained an arbitration clause being clause 13. 6.

(3.) BY letter dated 25th October, 2007, the arbitration clause was invoked and the respondent was called upon to appoint its arbitrator. The said letter was addressed to the respondent at the address given in the agreement but the letter has returned with the endorsement "left". This amounts to good service and, therefore, this application is maintainable. The address given is the same as set out in the affidavit-in-opposition. In fact, the Section 9 application filed before the District Judge, North 24-Parganas, Barasat was also served at the said address and the respondent contested the said application. Therefore, the service effected on the respondent is deemed service under Section 3 (1) (b) and 3 (2) of the 1996 Act. As no steps were taken by the respondent to appoint an arbitrator, the instant application has been filed.