S.B.Sinha, J. - (1.) The defendants are the appellants in this appeal. They are aggrieved by an order dated 31.7.2000 passed by Sri S.K. Bhadra, the learned Additional District Judge, VIIth Court at Alipore in Title Suit No.132 of 1999, whereby and whereunder an application filed by the plaintiff-respondent herein in exercise of his power conferred upon him under section 9 of the Arbitration and Conciliation Act, 1996 (hereinafter called and referred to for the sake of bravity as "the said Act") was allowed.
(2.) The facts of the matter are as follows :- On or about 3.9.1993, the appellants as owners of the property being premises No. 16A, Gurusaday Road, Calcutta, entered into a development agreemnt for the purpose of constructing a multi-storeyed complex with the plaintiff-respondent. A power of attorney to the Director of the respondent company was also executed by the appellants herein and possession of the said premises was also handedover. Three tenants were and still are occupying a part of the said premises. On the ground of breach of the conditions of the agreement, the said agreement dated 3.9.1993 was terminated by the appellants herein, whereafter a fresh development agreement has been entered into by the appellants with Messrs. Rajat Hait Private Limited on 21.9.1999. On 22nd September, 1999, an application was filed by the respondent before the learned District Judge at Alipore being Title Suit No.132 of 1999 in terms of section 9 of the said Act, wherein a prayer for injunction was made which is to the following effect :- "Injunction restraining the respondent from taking any steps or further steps in breach of and 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 interference with the petitioners possession, occupation and user of the said premises and/or transferring and/or disposing of and/or creating any third party interest in the said property". An ex parte interim order of injunction was passed on the said date which was the subject matter of an appeal before this Court marked as F.M.A.T. 4042 of 1999, inter alia, on the ground that the said interim order was passed without assigning sufficient and cogent reason. A Division Bench of this Court allowed the said appeal. The said judgment has since been reported in 2000(3) CLT 97 (Supratik Ghosh & Anr. v. M/s. Paseri Housing Development Pvt. Ltd.
(3.) Pursuant to or in furtherance of the direction issued by the appeal Court, the matter was heard again by the learned trial Judge and the impugned order was passed. In the meantime, allegedly, the respondent on 4.2.2000 referred the dispute to the Hon'ble Justice Susanta Chatterji, a former Judge of this Court, for arbitration. Dispute exists as to whether such appointment was allegedly made or not.;