- (1.) CIVIL Misc. Application No. 467 of 2007 was filed by the applicant-Smt. Chandra Dickshit at Lucknow, to recall the order dated 16-3-2007, passed by the learned designated Judge at Lucknow appointing an Arbitrator in the Arbitration petition No. 11 of 2006, filed by the respondent-M/s Smart Builders. The said recall application was directed to be heard at allahabad along with other review applications in other matters. After the recall application was transferred to Allahabad, a third party-M/s Bantus Designers and Builders Pvt. Ltd. have filed another application, bearing No. 220578 of 2007 In this matter also praying that the order dated 16-3-2007 be recalled and that M/s Bantus Designers and Builders Pvt. Ltd. be directed to be impleaded as opposite party to the arbitration petition.
(2.) SHRI H. S. Jain, learned Advocate has appeared for the applicant-Smt. Chandra dickshit. Mr. Prashant Chandra, learned Senior Advocate, appears for the respondent/ m/s Smart Builders and Mr. Vishnu Gupta, appears for M/s Bantus Designers and Builders Pvt. Ltd.
(3.) THE short facts leading to these two applications are as follows :- An agreement dated 9-5-2004 was entered into between the applicant and the respondent to construct a building on a plot of land owned by the applicant. M/s Bantus designers and Builders, the third party were to be the promoters. The applicant is the owner of a plot of land on Hilton Lane, situated at 57, hilton Lane, Lucknow and under the agreement the respondent was to construct a building. The agreement was entered into between the applicant and M/s Bantus Designers and Builders on one hand and the respondent on the other. The applicant and the promoters were entitled to 35% of the super built up of area of the flats. ;