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1984 Supreme(Cal) 325

C.K.BANERJEE
SUDHIR KUMAR – Appellant
Versus
J. N. CHEMICALS PVT. LTD. – Respondent


Advocates Appeared:
HIRAK MITRA, Jayanta Mitter

C. K. BANERJEE, J.


( 1 ) THIS is an application for stay of the suit being Suit No. 17 of 1983 instituted in this Court by J. N. Chemicals Private Ltd. thereinafter referred to as the Company, against Sudhir Kumar Saha and Ors. The reliefs claimed in the suit, inter alia, are (i) declaration that the plaintiff is a sub-tenant under Saha Films in respect of a portion of premises No. 77/2/1, Lenin Sarani, Calcutta and is entitled to remain in occupation and possession thereof, (ii) perpetual injunction restraining the defendants from interfering with the plaintiff's right in respect of its said sub-tenancy, (iii) declaration that the direction or award of the Arbitrator Mr. Shibaji Sen, inter alia, directing the plaintiff to vacate its city office at No. 77 /2/1, Lenin Sarani, Calcutta, is invalid, unenforceable and not binding on the plaintiff.

( 2 ) ). The application is made both under S. 34 of the Arbitration Act 1940 and S. 151 of the C. P. C.

( 3 ) NO arguments have, however, been made on behalf any of the parties with regard to stay of the suit under the inherent powers of this Court under S. 151 of the Civil P. C.

( 4 ) THE entire arguments that have been made before me ar

















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