Sabyasachi Bhattacharyya, J. - (1.) The defendants, being tenants in an eviction suit filed under the West Bengal Premises Tenancy Act, 1997 (hereinafter referred to as "the 1997 Act"), have filed the instant revisional application challenging an order dated May 18, 2018 whereby the petitioners' application under Section 5 of the Limitation Act, for condonation of delay in filing an application under Section 7(1) of the 1997 Act, was dismissed on contest.
(2.) Learned Senior Advocate appearing for the petitioners submits that, prior to filing of the eviction suit, the defendants/petitioners had applied on February 26, 2007 before the Rent Controller under Section 21 of the 1997 Act for deposit of rents. However, on the basis of the objection taken out by the plaintiffs/opposite parties, the said application was not entertained on the ground that the disputes were covered by an arbitration clause in the tenancy agreement.
(3.) Accordingly, the petitioners referred the disputes to arbitration and filed an application under Section 9 of the Arbitration and Conciliation Act, 1996 before the District Judge at Barasat for supply of water and access to electric meter. In the meantime the arbitration proceeded, but, in view of the plaintiffs/opposite parties having withdrawn their nomination, the appointed arbitrator withdrew from the proceeding.;