D.P.Kundu, J. - (1.) On the joint prayer of both the parties the appeal and the application for stay have been heard together.
(2.) This appeal is arising out of an order No. 2 dated 22.9.1999 passed by Shri P.S. Dutta, learned District Judge-in-Charge, Alipure in Title Suit No. 132 of 1999, in connection with Ptn. No. ED-5585/99, granting an interim order of injunction as prayed for till 11.1.2000 on the condition that the plaintiff/respondents should comply with the provisions of Clauses (a) and (b) of the proviso to Rule 3 of order 39 of CPC.
(3.) The respondents, in Title Suit No. 132 of 1999 preferred an application under section 9 of the Arbitration and conciliation Act, 1996 (hereinafter referred to as the Act of 1996). In the said application the respondents prayed for the following reliefs: "Your petitioner, therefore, humbly prays that Your Honour may graciously be pleased to pass an order of injunction restraining the respondents their agents, servants, assigns from taking any step or further steps in breach of as in derogation of the agreement dated 3rd September, 1993 and/or in furtherance of the purported Notice dated 20th September, 1999 and/or in any manner that would amount to interfering with the petitioner's possession, occupation and user of the premises No. 16A, Gurusaday Road, Calcutta-700 019, and/or in (illegible) transferring and/or disposing of and/or (illegible) by third party's interest in the said property And pass such ad-interim orders in terms of prayer above, And pass such Further or other order or orders and/or direction or directions as your Honour may deem fit and proper".;