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2016 Supreme(Cal) 988

INDIRA BANERJEE, SAHIDULLAH MUNSHI
Sayed Hassan Ali – Appellant
Versus
Mahammed Sahidul Islam – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Arindam Mukherjee
For the Respondent: Mr. S.E. Huda, Ms. Safila Khanam

JUDGMENT :

Sahidullah Munshi, J.

This appeal has been filed by the appellant who was petitioner before the learned Court below in Misc. Case No. 422/15 (R-667/15). The said Misc. Case arose out of an application under Section 9 of the Arbitration and Conciliation Act, 1996, hereinafter to be referred as the said Act of 1996, praying for interim relief by way of an order of temporary injunction till the disposal of the suit against the respondent from making addition or alterations and/or from changing the nature and character of the suit property and from transferring and/or parting with possession of the suit property described in the Schedule mentioned in the said application under Section 9 of the said Act of 1996 and also from creating any third party interest by making any clandestine deal. In the said Misc. Case the respondents herein entered appearance and filed written objection.

2. By the order impugned being Order No. 3 dated 2nd January, 2016 the learned Court below, after a contested hearing, rejected the appellant's application under Section 9 of the said Act of 1996.

3. In the appeal the appellant has filed an application for injunction and/or appropriate orders. The resp






















































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