SUDHIR KUMAR Vs. J N CHEMICALS PVT LTD

JUDGEMENT

(1.) THIS is an application for stay of the suit being Suit No. 17 of 1983 instituted in this Court by J. N. Chemicals Private Ltd. thereinafter referred to as the Company, against Sudhir Kumar Saha and Ors. The reliefs claimed in the suit, inter alia, are (i) declaration that the plaintiff is a sub-tenant under Saha Films in respect of a portion of premises No. 77/2/1, Lenin Sarani, Calcutta and is entitled to remain in occupation and possession thereof, (ii) perpetual injunction restraining the defendants from interfering with the plaintiff's right in respect of its said sub-tenancy, (iii) declaration that the direction or award of the Arbitrator Mr. Shibaji Sen, inter alia, directing the plaintiff to vacate its city office at No. 77 /2/1, Lenin Sarani, Calcutta, is invalid, unenforceable and not binding on the plaintiff.

(2.) . The application is made both under S.34 of the Arbitration Act 1940 and S.151 of the C.P.C.

(3.) THE entire arguments that have been made before me are on the basis of applicability or non-applicability of the provisions of S.34 of the Arbitration Act, 1940.