- (1.) THIS is an appeal under Section 37 of the Arbitration and Conciliation Act, 1996. This appeal was filed by the appellants challenging an order being 2 dated 11th March, 2015 passed by the Learned District Judge, North 24 -Parganas in an application under Section 9 of the Arbitration and Conciliation Act, 1996 being Misc. Case No. 64 of 2015.
(2.) IN the application under Section 9 of the Arbitration and Conciliation Act, 1996, the appellants prayed for an injunction for restraining the respondent its men, servants, agents and/or assigns or any of them from creating any third party right or selling or transferring or entering into any kind of agreements and/or arrangements in respect of any constructed and/or salable area in the building constructed at the said premises and/or from handing over possession of the constructed and/or salable area more fully described in the Schedule written therein to anyone and to pass such other and/or further order or orders as the court may deem fit and proper.
(3.) WHEN the said application was moved before the Learned District Judge, a learned advocate appeared on behalf of the respondent. He prayed for time for filing objection against the appellants' application for injunction. The said Misc. case was admitted for hearing by the Learned District Judge and immediately after admitting the said Misc. case, the said Misc. case was transferred to the learned 7th Court of Additional District Judge at Barasat for disposal of the appellants' application for injunction. The legality of the said order is under challenge before us. Section 37 of the Arbitration and Conciliation Act, 1996 provides that an appeal shall lie against granting or refusing to grant any measure under Section 9 of the Arbitration and Conciliation Act. Under Section 9 of the Arbitration and Conciliation Act, 1996, interim relief by way of ad interim injunction can be granted. Here is the case where on perusal of the impugned order, we find neither injunction order was passed in favour of the appellants nor the learned court below refused to pass any injunction order in favour of the appellants. We have considered the reliefs claimed by the appellants in their application under Section 9 of the Arbitration and Conciliation Act. We find that no relief by way of ad interim measure was sought for by the appellants in the said application under Section 9 of the Arbitration and Conciliation Act. As such, we cannot accept the submission of the learned advocate appearing for the appellants that the learned Trial Judge virtually refused to pass any ad interim order of injunction by the impugned order.;