GAMMON INDIA LTD Vs. GULMOHAR ESTATES LTD

JUDGEMENT

(1.) WITH this order we are deciding Miscellaneous Petition No. 14/1996 filed by the complainant seeking, in effect, review of the order of the National Commission dated 9.11.1995. This petition arises in the following circumstances : On 3.3.1994 complaint was filed by the complainant seeking direction to the opposite party to hand over possession of certain flats in the 'Garden Estates' developed by the opposite party. The agreement under which contract was entered into between the parties contain an arbitration clause as under :

(2.) WHEN the matter was taken up on 9.11.1995 following order was passed by the National Commission, declining to go into the merits of the complaint :