IREO GRACE REALTECH PRIVATE LIMITED Vs. NEERU BABBAR

JUDGEMENT

(1.) The present revision petition is directed against the order dated 22.09.2015 whereby the application submitted by the petitionerdefendant under Section 8 of the Arbitration and Conciliation Act, 1996 for resolution of the dispute, in view of the arbitration clause, has been dismissed.

(2.) Mr. Sanjeev Sharma, learned Senior Counsel assisted by Mr. Shekhar Verma appearing for the petitioner submitted that the respondent-plaintiff instituted the suit (Annexure P-13) for declaration with consequential relief of permanent injunction on the premise that the plaintiff had taken an apartment measuring 1919.6 sq. ft. including three bed rooms plus a servant room and had paid an amount of Rs. 19 lacs to the petitioner-defendant and in this regard, had also signed an application. Subsequently, an apartment bearing No.CD-B6-08-803 in the project named "The Corridors" in Sector 67-A, Gurgaon at the rate of Rs. 8750/- per sq. ft was booked.

(3.) After payment of Rs. 19 lacs, the respondent-plaintiff again paid a sum of Rs. 18,20,440/- upfront to the defendant and requested for issuance of the allotment letter. The defendant was delaying the matter on one pretext or the other and started asking the plaintiff to pay the amount @Rs. 9400/- per sq. ft. The plaintiff wrote a letter dated 19.8.2013 to the defendant that the amount charged was exorbitant, for, the apartment was booked @Rs. 8750/- per sq. ft. However, the defendant vide letter dated 9.5.2014 cancelled the agreement. It is in this background the suit aforementioned was filed.