Prasenjit Mandal, J.

This application is directed against the Order No.48 dated March 31, 2010 passed by the learned Judge, City Civil Court, 2nd Bench, Calcutta in Misc. Case No.216 of 2004 thereby dismissing an application for adducing evidence at the hearing of an application under Section 34 of the Arbitration and Conciliation Act, 1996.

Parties entered into several agreements dated November 1, 2001 relating to grant of lease of various goods, articles, equipment to be used by the opposite party no.1 at 49B, Chittaranjan Avenue, Kolkata-700012. Various disputes arose between the parties and even the opposite parties did not deliver the possession of the office space after expiry of the period of licence. Nor did the opposite party pay the money as per just demands of the petitioners. Amongst others there was a clause for arbitration. The petitioners received a letter from the arbitrator, namely, opposite party no.2 stating that he had been appointed as arbitrator by the opposite party no.1 but the petitioners did not receive any notice of the appointment of the arbitrator and the terms of agreement relating to appointment as agreed on November 1, 2001 had not been