EAST BENGAL CLUB Vs. SEKHAR GHOSH

JUDGEMENT

(1.) By the impugned order being No.16 dated 17th April, 2010 passed by the learned Judge, Sixth Bench, City Civil Court at Calcutta in Title Suit No. 4442 of 2008, the defendant's application for reference under Section 8 of the Arbitration and Conciliation Act of 1996 was rejected on contest. The defendant is aggrieved by the said order. Hence the defendant has come before this court with this application under Article 227 of the Constitution of India. The learned Trial Judge held that the dispute which is involved in the suit is not covered by the arbitration agreement which is contained in clause 11(e) of the Club Rules and as such no reference can be made to arbitrator for arbitration of the dispute involved in the suit as per the provision of the Arbitration and Conciliation Act, 1996.

(2.) Let me now consider as to how far the learned Trial Judge was justified in rejecting the defendant's said application in the facts of the instant case.

(3.) Heard Mr. Ajoy Krishna Chatterjee, learned Senior Counsel, appearing for the petitioner and Mr. Aniruddha Chatterjee, learned Counsel, appearing for the opposite party. Considered the materials of record including the order impugned. The plaintiffs who are members of the defendant No.1 viz. East Bengal Club, an unregistered club, filed a suit against the club and its office bearers claiming following reliefs: