SAMADHI PAL Vs. KAJAL BASAK & ORS

JUDGEMENT

(1.) The legality and/or correctness of the order passed by the learned District Judge, North 24-Parganas on 25th March, 2015 in Misc. Case No. 79 of 2015 is under challenge in this first miscellaneous appeal before us.

(2.) Let us now consider as to whether this appeal requires admission for hearing under Order XLI Rule 11 of the Code of Civil Procedure.

(3.) The learned District Judge after considering clause 28 of the Development Agreement came to the conclusion that there is an arbitral clause in the said agreement and as such the dispute between the parties is referable to arbitration as per the Arbitration and Conciliation Act, 1996. Considering the urgency involved in the said proceeding, the learned District Judge passed an order directing the parties to maintain status quo in respect of nature and character of the disputed property and their possession in respect thereof till 9th April, 2015. Notice was directed to be issued upon the appellant herein and the said proceeding under Section 9 of the Arbitration and Conciliation Act, 1996 was transferred to the Court of the learned 3rd Court of Additional District Judge at Barasat for final disposal.