- (1.) THE appeal is admitted and taken up for hearing along with the application being C.A.N. 3697 of 2015.
(2.) THE appeal is against an Order No. 14 dated 30th March, 2015 passed by the Additional District Judge, 3rd Court at Barasat, in connection with Miscellaneous Case No. 958 of 2014, under Section 9 of the Arbitration and Conciliation Act 1996, hereinafter referred to as the 1996 Act. The respondent entered into an agreement with the appellant for operating a Food court at the ECO Tourism Park, New Town, Kolkata. The agreement was on its face terminable at any time by either party by giving thirty days' prior notice to the other party.
(3.) THE agreement provided that the respondent would be liable to pay to the appellant rent fee of Rs. 6,66,000/ - per month for the first year, enhanceable thereafter, in the manner provided in the agreement, for running the Food Court. In terms of Clause 3 of the agreement the rent fee payable by the respondent to the appellant was to be paid in advance within the first 7 working days of the month.;