1. This is an application for appointment of an arbitrator to settle the
disputes arising out of three lease deeds, all dated July 19, 2016. The
first deed of lease is the mother deed, which deals with the right of the
respondent to use the premises for the purpose of running a restro bar.
The second deed is with regard to maintenance and service. The third
lease is with regard to signage. The parties entered into the said
agreements. They are all a part of the same transaction.
2. Mr. Bhattacharyya submits that a suit was filed for eviction of the
respondent. The respondent filed an application under Sections 5 and 8
of the Arbitration and Conciliation Act, 1996 for dismissal of the suit on
the ground that the parties were bound by an arbitration agreement and
such agreement was available in all the three lease deeds. The Learned
civil court allowed the application of the respondent. The petitioners
challenged the said order before the High Court under Section 227 of the
Constitution of India. The matter was pending since long and thereafter,
on July 4, 2025, the said application was withdrawn along with the
pending applications filed in connection with the civil revisional
application. The petitioners invoked arbitration by a notice dated April 5,
2025.
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