KUSUM DHAL Vs. KHANDELWAL STEEL AND PIPES

JUDGEMENT

(1.) The present appeal arises under Sec. 37(1)(b) of the Arbitration and Conciliation Act, 1996 challenging the order dtd. 26/9/2022 passed by the learned District Judge, Bhubaneswar in ARBP No.02 of 2022. By the said order, the learned District Judge allowed the application filed by the respondent under Sec. 9 of the Arbitration and Conciliation Act and granted interim protection in favour of the respondent. Being aggrieved by the order of the learned District Judge granting interim protection to the respondent and restraining the appellants from interfering with possession of the premises otherwise than in due process of law, the appellants have approached this Court by way of the present arbitration appeal.

(2.) The dispute between the parties essentially concerns possession and use of certain commercial premises comprising shop rooms and adjoining land situated along the CuttackPuri Road in Bhubaneswar. The appellants claim that the property originally belonged to Late Dev Durlav Dhal and Smt. Kusum Dhal, and after the demise of Dev Durlav Dhal the property continued to be managed by the surviving members of the family. According to the appellants, only three shop rooms forming part of the property had been let out to the respondent for commercial use on a monthly rental basis through an oral arrangement. The appellants maintain that the arrangement was limited in scope and duration and did not extend to any vacant land or additional structures situated in the property.

(3.) The respondent, however, asserts a different factual foundation. According to the respondent, the relationship between the parties was governed by a written tenancy agreement executed between the parties. The respondent claims that a tenancy agreement was executed on 10/2/2020 whereby the respondent was inducted as a tenant in respect of the schedule premises for the purpose of running its business. The agreement allegedly contained various terms governing the rights and obligations of the parties, including the amount of monthly rent payable by the respondent and the duration of the tenancy. It is further asserted that the tenancy was agreed to continue for a period extending up to 9/2/2027 and that the agreement also contains a clause providing for resolution of disputes through arbitration.