Remedy Under A&C Act Is In Addition To Remedies Under Special Statutes, But Once Elected Other Remedies Are Barred For Same Dispute: Calcutta HC

The Calcutta High Court bench comprising Justice Krishna Rao has observed that the remedy available under the Arbitration and Conciliation Act, 1996 is in addition to the remedies available under other special statutes and the availability of alternative remedies is not a bar to the entertaining of a petition under the Arbitration and Conciliation Act, 1996. Reliance was also placed upon Pallab Ghosh v. Simplex Infrastructures Ltd., where the Guwahati High Court held that "The arbitration clause agreed upon by the parties can be used to resolve disputes instead of taking recourse to the RERA Act”. The court relied upon Gujarat State Civil Supplies Corporation Limited Vs. Mahakali Foods Private Limited and Another, where the Supreme Court held that the Facilitation Council shall have the jurisdiction to proceed with reference made by the party in respect of the dispute covered under Section 17 of the MSMED Act, 2006 despite the existence of an independent arbitration agreement between the parties. But once elected, then the other remedy will not lie in respect of the same dispute.” The court noted that the plaintiffs initially made complaint before the West Bengal Housing Industrial Regulation Authority under Section 31 of the Act and the said complaint was still pending.