TAPAN DAS Vs. MAYASHEEL RETAIL INDIA LIMITED

JUDGEMENT

(1.) Heard Mr. P. Sharmah, learned counsel for the petitioner as well as Mr. P.M. Talukdar, learned counsel for the respondents.

(2.) This is an application under Sec. 115 of the Code of Civil Procedure read with Sec. 151 of the said Code whereby the order dtd. 3/4/2021 passed by the Civil Judge No. 3, Kamrup (M) at Guwahati in connection with Sec. 8 of the Arbitration and Conciliation Act, 1996 filed by the respondent (arising out of Title Suit No. 399/2020) is put to challenge.

(3.) Shorn of unnecessary details, the facts necessary for disposal of this application are like this - the respondent is a tenant in respect of a house owned by the petitioner. The tenancy started with execution of an agreement wherein there is a clause which stated that in the event of any controversy, dispute and difference between the parties then the said dispute shall be referred to arbitration under the provisions of the Arbitration and Conciliation Act, 1996. It was also agreed that the Arbitrator shall be appointed by the lessee. It was agreed between the parties that if there is any dispute regarding the choice of arbitrator by the lessee then the president of Emerging Businesses Chamber of Commerce shall appoint the arbitrator. It was further agreed that the venue of arbitration shall be at New Delhi.