Natraj Studios P Ltd. filed an application under Section 33 of the Arbitration Act, 1940 in the Bombay High Court for a declaration that the arbitration clause in the leave and licence agreement was invalid and inoperative.
In respect of the tenancy, the appellants and the respondents have executed an unregistered tenancy agreement which has been numberarized on 10.11.2003.
By order dated 10.06.2009, the learned Civil Judge dismissed the petition under Section 8 of the 1996 Act and posted the matter to 10.07.2009 for filing of written statement by the defendants respondents herein .
In the suit, the respondents filed a petition under Section 8 of the Arbitration and Conciliation Act, 1996 for short the 1996 Act stating therein that the tenancy agreement companytains an arbitration agreement in clause 15 and praying that all the disputes in the suit be referred to the arbitrator.
Aggrieved, the respondents filed an application C.O. No.2440 of 2009 under Article 227 of the Constitution of India before the Calcutta High Court and companytended that the tenancy agreement companytains an arbitration agreement in Clause 15, which provides that any dispute regarding the companytents or companystruction of the agreement or dispute arising out of the agreement shall be settled by Joint Arbitration of two arbitrators, one to be appointed by the landlords and the other to be appointed by the tenants and the decision of the arbitrators or umpires appointed by them shall be final and that the arbitration will be in accordance with the 1996 Act and, therefore, the learned Civil Judge rejected the petition of the respondents to refer the disputes to arbitration companytrary to the mandate in Section 8 of the 1996 Act.
2007 3 SCC 686 and Branch Manager, Magma Leasing Finance Limited Anr.
The High Court dismissed the application.
On 06.03.2008, the appellants, through their Advocates, served a numberice on the respondents terminating the tenancy and asking them to vacate the shop premises and the numberice stated that after April, 2008 the relationship of landlord and tenant between the appellants and the respondents shall cease to exist and the respondents will be deemed to be trespassers liable to pay damages at the rate of Rs.500/ per day for wrongful occupation of the shop.
The respondents, however, did number vacate the shop premises and the appellants filed Title Suit No.89 of 2008 against the respondents for eviction, arrears of rent, arrears of municipal tax, mesne profit and for permanent injunction in the Court of the Civil Judge Senior Division , 2nd Court at Barasat, District North 24 Parganas in the State of West Bengal.
Thereafter, Navrang Studios filed an application under Section 8 of the Arbitration Act, 1940 for appointment of a sole arbitrator to decide the disputes and differences between the parties under the leave and licence agreement.
v. Potluri Madhavilata Anr.
K. PATNAIK, J. Leave granted.
Facts of the Case The appellants have inducted the respondents as tenants in respect of a shop room measuring 600 sq.
feet at HA 3, Sector 3, Salt Lake City, Kolkata, and paying a monthly rent to the appellants.
