B. Bhattacharya, J. - (1.) This first miscellaneous appeal is at the instance of the defendant in a converted proceeding under Sec. 9 of the Arbitration and Conciliation Act, 1996 and is directed against Order No. 13 dated 26th September, 2008 passed by the learned Judge, Seventh Bench, City Civil Court at Calcutta, thereby disposing of the application under Sec. 9 of the Act by restraining the appellant, its men, agents and associates from seizing and taking possession of the vehicle being No. WB -15A -3721 and from disturbing the peaceful possession of the said vehicle in any manner till the disposal of the Arbitration proceeding.
(2.) Being dissatisfied, the defendant has come up with the present first miscellaneous appeal.
(3.) The respondent filed a suit being Title Suit No. 2836 of 2007 in the City Civil Court at Calcutta thereby praying for the following relief: a) A decree be passed declaring that the plaintiff is a lawful owner in respect of vehicle No. WB -15A -4921 Chassis, 4420 26BSZ 108595. Engine No. 697TC 57 BSZ 111698 and the plaintiff is entitled to ply the said vehicle peacefully without any disturbance and/or interference by the defendant in any way whatsoever; b) A decree be passed declaring that the plaintiff is entitled to supply all papers and documents upon which signatures was taken by the defendant from the plaintiff in blank form including the 24 cheques without putting the amount and date. c) A decree of permanent injunction be passed restraining the defendant their men, agents and associates from seizing and/or taking possession of the vehicle being Nos. WB -15A -4921 and/or disturbing the peaceful possession of the plaintiff in respect of Vehicle No. WB - 15A -4921; d) A decree be passed for cost and such other reliefs which the plaintiff is entitled to under the law.;