- (1.) THE respondent has taken a preliminary point that these proceedings are not maintainable in this Court. According to the respondent, the claim of the petitioner in the arbitration proceedings is in respect immovable properties in Howrah and none of the immovable properties, or any part thereof, is within the original jurisdiction of this Court.
(2.) THE petitioner has set out the particulars of the three immovable properties in the opening paragraph of A. P. No. 343 of 2003. The three properties are at premises No. 23, 23/1 and 24, J. N. Mukherjee Road, P. C.- Salkia, District-Howrah. Salkia, without doubt, is across the river and it is till the eastern levee of the river Hooghly that the original jurisdiction of this Court runs.
(3.) AT paragraphs 2 and 3 in A. P. No. 343 of 2003 the petitioner has averred as follows: "2. It was agreed by and between the parties that the lessee being the respondent abovenamed, shall pay rent punctually and in the event rent is not paid for a period of six months the lessor may enter into the demised premises and take peaceful and vacant possession of the said premises. In the event of the lease being expired by efflux of time, the respondent/lessee should give back peaceful and vacant possession of the said premises to the petitioner. 3. The respondent/lessee from August, 1988 has not paid any rent and/or occupation charges in respect of the said premises. The rent and/or the occupation charge and/or mesne profit payable in respect of the said premises as on today will be more than Rs. 80,00,000/ -. Although, the lessee was duty-bound to pay the municipal rates and taxes in respect of both the owners and occupiers shares, they have failed to do so; as a result of which the municipal rates and taxes have become due and payable to the Howrah municipal Corporation. The default committed by the respondent in not paying the municipal rates and taxes, have been redressed by your petitioner as against the municipality, by paying the municipal rates and taxes for an amount of Rs. 57,157/- on or about July 10, 2003. A copy of the Pay Order drawn on IDBI Bank, 7, Brabourne Road, Kolkata- 700 001 in favour of howrah Municipal Corporation together with the receipts of such payments by the Howrah Municipal Corporation are annexed hereto and collectively marked as ANNEXURE,'c'. ";