Calcutta High Court
Rekha Jhunjhunwala vs Anju Agarwal on 17 April, 2025
Author: Arindam Mukherjee
Bench: Arindam Mukherjee
OD-5
ORDER SHEET
IA No.GA/2/2025
IN
CS/149/2024
IN THE HIGH COURT AT CALCUTTA
ORDINARY ORIGINAL CIVIL JURISDICTION
ORIGINAL SIDE
REKHA JHUNJHUNWALA
VS.
ANJU AGARWAL
BEFORE:
The Hon'ble JUSTICE ARINDAM MUKHERJEE
Date: 17th April, 2025.
Mr. Sujit Banerjee, Mr. Nilay Sengupta, Advocates for the plaintiff.
Mr. Jatinder Singh Dhatt, Mr. Nirupam Dhali, Advocates for defendant/applicant.
The Court : This is an application under Sections 5 and 8 of the
Arbitration and Conciliation Act, 1996 for relegating the disputes of this suit
to arbitration on the ground that the tenancy agreement between the
plaintiff and the defendant contains an arbitration clause.
The plaintiff says that the tenancy between the parties does not come
within the ambit of West Bengal Premises Tenancy Act, 1997 inasmuch as
the property is used for commercial purpose, the rent of which is
Rs.10,000/- per month, in view of the provision of Section 3(f) of the 1997
Act. This gives rise to another issue as to the maintainability of the suit as
one framed and filed under the Ordinary Original Civil Jurisdiction in view
of the provisions of Section 2(1)(c)(vii) of the Commercial Courts Act, 2015.
In the aforesaid facts and circumstances, let affidavits be exchanged.
2
Let affidavit-in-opposition be filed by 5th May, 2025; reply thereto, if
any, be filed by 21st May, 2025.
Let this matter appear in the monthly list of June, 2025 under the
heading ‘Adjourned Motion’.
(ARINDAM MUKHERJEE, J.)
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