- (1.) This application is at the instance of the defendant no.1 and is directed against the order dated May 14, 2013 passed by the learned Civil Judge (Senior Division), 10th Court, Alipore in Title Suit No.21945 of 2012 thereby rejecting an application under Section 8 of the Arbitration and Conciliation Act, 1996 filed by the defendant no.1/petitioner herein.
(2.) The plaintiff/opposite party herein instituted the aforesaid suit for specific performance of contract and permanent injunction contending, inter alia, that the plaintiff and the defendant no.1 had entered into a joint venture for the purpose of development of the suit premises as described in the schedule to the plaint on various terms and conditions including the terms that the plaintiff's contribution would be the funds for development, expertise and overseeing the actual work of development and the defendant no.1's contribution would be the land and accordingly, a Memorandum of Understanding dated September 7, 2011 had been executed between the parties.
(3.) Pursuant to further negotiations between the parties on the terms of joint venture, an agreement dated September 30, 2011 was entered into between the parties.;