EASTERN COILS (P) LTD. Vs. DEB PROSAD GHOSH

JUDGEMENT

(1.) This is an application under Article 227 of the Constitution being directed against the revisional order passed under Sec. 115A of the Code of Civil Procedure passed by the 5th Court of Additional District Judge, Alipore dated 10th Dec., 1998 in C.R. No. 132 of 1998 reversing that of order No. 12 dated 6.3.98 passed by the Court of Civil Judge, Senior Division, Sealdah in Title Suit No. 91 of 1996. The original order being order No. 12 passed by the trial Court arises out of a petition under Sec. 8 of the Arbitration and Conciliation Act, 1996. The revisional petitioner is a monthly tenant is respect of an area measuring about 5,760 Sq. ft. together with appertainances at a monthly rental of Rs. 3,803/- payable according to English calendar month. The plaintiff-opposite party instituted Title Suit No. 91 of 1996 before the trial Court against the revisionist petitioner praying, inter alia, for a decree of ejectment and delivery of khas possession in respect of the suit property as delineated in Schedule 'A' to the plaint and also the common passage as described in Schedule 'B' and for a decree of recovery of substantial amount on account of chanced Corporation charge and surcharge. The said suit has been filed on the basis of a complaint containing numerous allegations.

(2.) The defendant petitioner on receipt of the summon of the laid suit entered appearance and filed an application under Sec. 8 of the Arbitration and Conciliation Act, 1996. The connected petition under Sec. 8 has been enclosed to the revisional application and the copy of the indenture of the lease dated 7th April, 1982 has also been enclosed. A specific reference was made to para 7 of the aforesaid deed of lease and remittance of arbitration was sought for in view of Arbitration Clause being inserted in the instrument of lease covered by paragraph 7 thereof. The relevant averment about Arbitration Clause in Paragraph 7 Is reproduced hereunder:-

(3.) The trial Court by order No. 12 has allowed the petition under Sec. 8 of the said Act on contest. Being aggrieved by the same, the learned District Judge of 24-Parganas was approached under Sec. 115A of the Code of Civil Procedure and the same was ultimately assigned to the 5th Court of Additional District Judge and on a contested hearing, the revisional Court has allowed the revisional application by jetting aside the order passed by the trial Court. The challenge thrown in the instant proceeding under Art. 227 is centred round about the validity or otherwise of the order impugned as passed in the revisional forum.