Patherya, J. - (1.) This application has been filed under Section 8 of the Arbitration and Conciliation Act, 1996, by the defendant nos.1 to 3 and 5 to 12 for the following reliefs:- a) "C.S. No. 214 of 2011 be referred to arbitration of the Arbitrator to be appointed in terms of the CIC Rules and Regulations; b) Disputes and claims made in C.S. No. 214 of 2011 be referred to arbitration in the manner as stated hereinbefore; c) Order of injunction restraining the plaintiffs from taking any steps or any further steps in C.S. No. 214 of 2011; d) Stay of all further proceedings in C.S. No. 214 of 2011; e) Ad-interim orders in terms of prayers above; f) Costs of this application by paid by the plaintiffs; g) Such further or other order or orders and/or direction or directions be given as to this Hon'ble Court may seem fit and proper."
(2.) The defendant applicants are Executive Committee members of the Chatterjee International Centre. The Chatterjee International Committee society (Society) was formed under orders passed in C.S. 528 of 1980 by the Calcutta High Court. In September 2011 the owners and occupiers of the said society filed C.S.214 of 2011 for the following reliefs:- "(a) A Scheme be framed for convening and conduct of free and fair election of CIC Society after taking into consideration the following factor:- i) There should be specific Rule for issuance of notice of election in advance to each of the members/flat owners. The notice period should not be less than 21 days. Provision for nomination of new committee members through process of proposing and seconding. ii) Thereafter distribution of ballot papers list of members / owners / occupiers showing area proxy form along with notice of meeting. iii) Dates for withdrawal of nomination filed. iv) Conduct of election through secret ballot such that votes are cast in accordance with Rule 6. v) Provision for a neutral, independent Chairperson to conduct the election process. vi) Opportunity of free and fair attendance of each member and their right to freely express their views at the election meeting and recording of the same by way of minutes. vii) Counting of votes under independent scrutinizers immediately after the election, followed by declaration of result. viii) Rules for maintenance of a membership register reflecting the names of each and every flat owner who is paying maintenance charges. The membership register should also reflect the area owned by each flat owner and should be open during fixed hours every day for inspection by all members. (b) An independent person be appointed to conduct free and fair election of CIC Society on or before 30th September, 2011 or such other date as this Hon'ble Court may deem fit and proper, which person will conduct election after taking into consideration all the factors set out in prayer (a) above; (c) Perpetual injunction restraining the defendant Nos. 1 to 12 from conducting election of CIC Society or interfering with the election so conducted. (d) Perpetual injunction restraining the defendant Nos. 1 to 12 from interfering with the affairs of the CIC Society as also dealing with the moneys lying in the bank account or CIC Society or otherwise holding themselves out as members of Executive Committee; (e) Mandatory injunction directing the defendant No.15 CESC Ltd. to forthwith take over the common electrical installation at 33, Jawaharlal Nehru Road, Kolkata, including the high tension transformer, LT Panel, Air Circuit Braker, Oil Circuit breaker, H.T. Cables, L.T. Panels and Sub meters installed thereat and thereafter provide separate connection to each of the flat owners and distribute the security deposit amongst the flat owners in accordance with the area owned by each flat owner; (f) Perpetual injunction restraining the defendant Nos. 1 to 12 from interfering with taking over of the common facilities and installation of CESC meters and providing separate electricity connection to all the flat owners; (g) An enquiry into the loss caused by the defendant Nos. 1 to 12 to CIC Society and all flat owners of Premises No. 33A, Jawaharlal Nehru Road, Kolkata 700 071 paying maintenance charges to the said Society and decree for such sum and against such person and in favour of such person be made as may be found upon enquiry; (h) Receiver; (i) Injunction; (j) Costs; (k) Such further or other property."
(3.) Counsel for the applicants submits that the subject matter of the suit are certain disputes in the said society and the building. The allegations and the claims made in the said suit according to the applicants is the subject matter of the arbitration agreement which has been set out in Clause or Rule 33 of the Rules and Regulations of the Memorandum of the CIC Society reads as follow:- "Dispute if any that may arise between the Society and any member and/or between members inter se in connection with maintenance and administration of the building and/or the like, including monetary disputes will be referred to arbitration under the Arbitration and Conciliation Act, 1996 to an arbitration tribunal to be constituted by the Executive Committee of the Society. All references to arbitration shall be made to the Executive Committee of the Society being the sole appointing authority.";