BENGAL FREEMASONS TRUST Vs. SUMITA DUTTA

JUDGEMENT

(1.) This is an appeal against order no. 24 dated November 16, 2009 passed by the learned Chief Judge, City Civil Court at Calcutta in Miscellaneous Case No. 9840 of 2008.

(2.) The learned Chief Judge by the order impugned allowed an application filed under Section 9 of the Arbitration and Conciliation Act, 1996 (the said Act in short) dated December 17, 2008 filed by the Ms. Sumita Dutta, the proprietees of S. Enterprise (hereinafter referred to as the operating agency), the respondent no. 1 in this appeal. The learned judge restrained the Bengal Freemasons Trust Association (hereinafter referred to as BFTA) and its office bearers, the opposite parties in the said application, from disturbing the peaceful possession of the operating agency and enjoyment and acting as the operating agent and/or user of the premises till the disposal of the arbitration proceeding.

(3.) The relevant facts for disposal of this appeal are as under : On July 1, 2005 a memorandum of understanding was entered between BFTA and the operating agency. BFTA appointed the operating agency for carrying out the entire operations of collecting donations and supervising and managing the private functions of the various donors. The arrangement was to continue for a period of 3 years and 9 months commencing on July 1, 2005 and ending on March 31, 2005. There was an arbitration clause in the said memorandum in the event of any dispute and difference between the parties. BFTA by a letter dated December 28, 2007 informed the operating agency that there would be no extension of the arrangement entered into by and between the parties after March 31, 2009.