Arijit Banerjee, J. - (1.) IN this revisional application the petitioner challenges a judgment and order dated 28th May, 2013 passed by the Ld. Civil Judge (Senior Division) at Siliguri in TS No. 39 of 2012 (Dr. Asif Iqbal Hossain v. Luxmi Township Limited & Ors.) whereby the Ld. Judge dismissed the application of the petitioner/defendant No. 1 under Section 8 of the Arbitration and Conciliation Act, 1996 thereby refusing to refer the disputes in the suit to arbitration. The material facts of the case are as follows.
(2.) THE petitioner company was granted a lease of 99 years in respect of a land measuring 395 acres approximately for the purpose of setting up a township. Out of the said area, a portion measuring about 10.59 acres was meant for constructing a residential complex. The petitioner company obtained sanction from the Siliguri Jalpaiguri Development Authority being the opposite party No. 3 for construction of the residential complex. Thereafter applications were invited from intending purchasers of residential units/flats by issuing brochures. The opposite party No. 1 purchased a flat in the said residential complex and was put in possession of the flat in January, 2012. The brochures issued by the petitioner as well as the possession letter contained/referred to certain 'general terms and conditions'.
(3.) SUBSEQUENT to delivery of possession, a registered deed of assignment was executed by the petitioner in favour of the opposite party No. 1. The sanctioned plan of the residential complex showed the place in front of the flat of the opposite party No. 1 as lawn/open ground space.;