SANJIB BANERJEE,J. - (1.) The petitioner claims that the respondent is using the roof of the building owned by the petitioner as a transmission station and another room on the ground floor of the same premises as a store or an office without tendering rent or occupation charges therefor. The petitioner claims that prior to August, 2010 a sum of Rs. 5,000/- would be paid by way of occupation charges and Rs. 15,000/- by way of maintenance charges.
(2.) The respondent contends that the petitioner is not the owner of the premises and the respondent is no longer in occupation of the ground floor room. The respondent submits that its transmission equipment have been installed on the terrace of the building upon due permission being obtained from the owners of the building or the persons entitled to the terrace against payment of regular charges therefor.
(3.) Since the very dispute between the parties is as to whether the petitioner is entitled to the charges and as to whether the respondent has vacated the ground floor room, the matters have to be assessed in course of the arbitral reference. The parties have agreed that the disputes and differences covered by the arbitration agreements between them will be referred to the arbitration of Mr. Pradeep Ghosh, Senior Advocate at a consolidated remuneration of Rs. 3 lakh. A document evidencing such agreement has been filed in Court signed by Advocates representing the parties.;