PRIYASHI AASHI DEVELOPERS PVT. LTD. Vs. MITRAJYOTI DEKA

JUDGEMENT

(1.) Hear Mr. P.P. Sarma, learned Counsel appearing for the appellant as well as Mr. G.N. Sahewalla, learned senior counsel representing the respondents.

(2.) This a common order for these two petitions in view of the order passed by the Hon'ble Supreme Court in SLP (C) Nos. 2074-2075/2022.

(3.) The appellant and the respondents had an agreement by which the respondents handed over a plot of land to the appellant whereupon the appellant constructed a multistoried building for selling flats and commercial spaces to interested customers. The construction of the building was completed and the flats and commercial spaces were handed over to different persons who paid the price. Thereafter, a dispute arose between the parties. Therefore, the respondents filed an application under sec. 9 of the Arbitration and Conciliation Act before the District Judge, Kamrup (M) at Guwahati as because there was an arbitration clause in the agreement between the parties. The court below passed an order of injunction vide order dtd. 7/7/2021 in Misc. Arb. Case No. 18/2021.