Amitava Lala, J. - (1.) This is an application under Section 11 of the Arbitration and Conciliation Act, 1996, for the purpose of appointment of an Arbitrator through the intervention of the Court.
(2.) The respondent joined issue therein by saying that the dispute cannot be referred to the Arbitrator under the Arbitration and Conciliation Act, 1996, with the intervention of the Court because the respondent is a Co-operative Housing Society and by virtue of West Bengal Co-operative Societies Act, 1983 read with the rules of the year 1987 prescribes that dispute, if any, by or between a Co-operative Housing Society has to be by an Arbitrator under such act itself. No doubt it is an interesting question before the court of law.
(3.) Although several other points are taken by the respondent without prejudice to their rights and contentions as aforesaid but all these questions can be reagitated before the Arbitrator itself, if appointed by the intervention of the Court under this application. Therefore, such question cannot form any material part for the purpose of discussion hereafter.;