FALCON REALTY PVT. LTD. Vs. RAJENDRA PRASAD KAKOTI

JUDGEMENT

(1.) Heard Mr. F. Haque, learned counsel for the petitioner. Also heard Mr. A. K. Bhuyan, learned counsel for the respondent.

(2.) This is an application under Sec. 397/401 read with Sec. 482 of the Code of Criminal Procedure, 1973, for setting aside and quashing the C.R. Case No. 4452c/2019, pending before the Court of learned Judicial Magistrate First Class, Kamrup(M), Guwahati.

(3.) It is stated that the respondent preferred a complaint case before the Court of learned Judicial Magistrate First Class, Kamrup(M), Guwahati, which was accordingly registered as C.R. Case No. 4452c/2019 against the petitioner Company with some false and concocted allegation and also misleaded the concerned Court to take cognizance and issue summon to the petitioner Company. The petitioner Company, i.e. the Falcon Realty Private Limited, is associated with construction of flats in National Capital of Delhi and adjoining areas under "Akhil Bharatiya Aawas Yojna" having its registered Office at Global Eco City, New Delhi. The respondent booked a flat at New Delhi by making an application before the petitioner Company for allotment of an apartment under "Akhil Bharatiya Aawas Yojna". Considering that application, the petitioner Company was pleased to allot apartment No. 511 on 5th floor at Tower No. 01 in ABAY Tower. Thereafter, the respondent entered into an agreement with the said Company where there was an Arbitration clause in paragraph No. 62 of the said agreement.