2013 (4) TMI 474

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....ibhu Bakhru, Sr. Adv. with Ms. Pooja Saigal, Adv. ORDER 1. By this order, I propose to decide the review application being R.A.No.321/2012 filed by the plaintiffs under Section 114 read with Order XLVII, Rule 1 and Section 151 CPC for review of the order dated 23rd January, 2012 passed by this Court. 2. The abovementioned suit has been filed by the plaintiffs under Order XXXVII CPC, inter....

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....dmittedly received the said amount from the plaintiffs. 3. Both parties earlier made their submissions in the pending application under Section 8 of the Act and the order dated 23rd January, 2012 was passed and the same was kept pending due to reasons mentioned in paragraph 34 of the order. The operative portion of the said order in paragraph 34 reads as under:- "34. After having considered ....

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.... with the submissions of the plaintiffs that at the time of passing of the order dated 23rd January, 2012, it was not pointed out by the parties that the order dated 29th January, 2010 passed in Arb.P.No.113/2008 filed by M/s Mapletree Property Pvt. Ltd. against the defendant has been passed by consent of the concerned parties, i.e. the purchaser as well as M/s Today Homes Property & Infrastructur....

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....under Section 8 of the Act did not contain details about any disputes which are required to be adjudicated by an Arbitrator and in the absence thereof, the said application otherwise is not maintainable. 6. As regards the finding arrived by this Court in paragraph 34 of the order, the argument of the learned Senior counsel for the plaintiffs is that the said case which is now pending in the Sup....