of service is taken on record.
The petitioner has preferred the present petition under Section 11 of the
Arbitration and Conciliation Act, 1996, seeking appointment of an arbitrator
for adjudication of the disputes and differences which have arisen between the
parties in connection with and arising out of the registered Agreement for Sale
dated 6th July, 2020.
Learned counsel for the petitioner submits that the petitioner entered into
the agreement for sale with the respondents for purchase of a flat being “B-1”
on the 2nd floor, holding No.9/2, Hari Charan Banerjee Road, P.O- Belurmath,
P.S- Belur, Dist- Howrah- 711202 for a total sale consideration of
Rs.27,00,000/-. Learned counsel for the petitioner further submits that out of
total sale consideration, a sum of Rs.26,80,000/- has already been paid to the
respondents. Under Clause 3 of the Agreement for Sale, the respondents were
under the obligation to deliver possession of the said flat to the petitioner
within three years from the date of commencement of construction work of the
proposed building or at the time of registration of the sale deed or whenever the
said flat is completed or whichever is earlier with the proportionate undivided
share of land and facilities attached thereto.
