SH. PAVEL GARG. Vs. SH. SUNIL SOOD.

JUDGEMENT

(1.) Plaintiff has filed a suit for recovery of Rs.2,31,34,553/- for payment made to defendant in pursuance to the Commercial Buyers Agreement (herein after referred to as Buyer's Agreement) dated 23.11.2007 on account of failure of defendant to handover the possession of shop in question booked by the plaintiff and execution of the title deed thereof.

(2.) On receiving notice, defendant, before filing written statement, has moved present application for referring the parties to arbitration on the basis of arbitration clause in terms and conditions for allotment and sale of a shop/showroom/anchor store/multiplex/food court/hotel/restaurant etc. in the proposed shopping-cum-multiplex named as 'Home Land City Mall' at village Kalyanpur, Sai Chakkan Road, Baddi (Himachal Pradesh) (herein after referred as terms and conditions for allotment and sale), annexed to the application form submitted by the applicant at the time of applying for allotment of shop on 10.11.2006, claiming that the said terms and conditions Whether the reporters of the local papers may be allowed to see the Judgment? Yes stand incorporated in buyers agreement, as agreed by the parties in the said agreement.

(3.) Plaintiff has objected referring the dispute to the arbitrator on the ground that Buyer's Agreement is independent of terms and conditions for allotment and sale and there is no arbitration agreement existing between the parties after execution of Buyer's Agreement, as the terms and conditions for allotment and sale has lost their force after allotment of shop, more particularly after execution of Buyer's Agreement, comprehensively dealing with all issues between the parties.