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2014 Supreme(Cal) 216

HARISH TANDON
Shyam Retails (India) Pvt. Limited – Appellant
Versus
Bajaj Infracon Private Limited – Respondent


Advocates Appeared:
For the Appearing Parties:Probal Kumar Mukherjee, Shebatee Datta, Saptanshu Basu, Subhabrata Das, Anuradha Poddar, Kuldip Mallick, Advocates.

JUDGMENT

1. This revisional application is directed against Order no. 19 dated 12th March 2014, passed by the learned Civil Judge (Senior Division), 2nd Court, Barasat, in Title Suit No. 128 of 2012, by which an application under Sections 5 and 8 of the Arbitration and Concilliation Act, 1996, is rejected.

2. The plaintiff/opposite party filed a suit for recovery of possession on the ground of expiration of the period indicated in the notice under Section 106 of the Transfer of Property Act.

3. The premises in question was given to the petitioner on the basis of an agreement styled as ‘Licence Agreement’. The terms and conditions embodied in the said agreement would evince, which is also manifest from the conduct of the plaintiff/opposite party, that the parties indicated to demise the said premises for a definite period. Precisely for such reason, the plaintiff/opposite party terminated the said agreement upon issuing a notice under Section 106 of the Transfer of Property Act.

4. Essentially, it is a suit for recovery of possession on one of the grounds enshrined under Section 111 of the Transfer of Property Act.

5. The defendant/petitioner filed an application under Sections 5 and





































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