Having chosen to avail the remedy under the RERA Act, whether it was debarred from filing a petition under Section 11 of the Arbitration and Conciliation Act, 1996 – Rise Projects Pvt. Ltd. Vs. Municipal Corporation, Faridabad – Punjab & Haryana High Court
The petitioner had approached RERA for directing the respondent to register the petitioner as a promoter under the RERA Act, besides seeking a direction to the respondent to complete the infrastructure work and to pay interest on the amount deposited as penalty, etc. The dispute whereby appointment of an arbitration has been sought is on account of the demand of the installments by the respondent. It therefore cannot be said that the disputes before both the authorities are the same and having chosen one remedy, the petitioner is debarred from invoking Section 11 of the Arbitration Act.