- (1.) This appeal is against Order No. 39 dated 13th February, 2014 passed by the learned Judge, VIIIth Bench, City Civil Court at Calcutta refusing to vacate the interim order passed earlier in Miscellaneous Case No. 905 of 2012 being an application under Section 9 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the 1996 Act ) filed by the respondent, Varun Finance Corporation Limited.
(2.) The case is indeed interesting. There can be no dispute at all that the auto rickshaw,of which possession has been taken in an application under Section 9 of the 1996 Act is registered in the name of the appellant, Md. Ghufran.
(3.) It is not in dispute that there is no arbitration agreement between the respondent Varun Finance Corporation Limited and the appellant, Md. Ghufran.;