Jyotirmay Bhattacharya, J.

We are informed by the learned advocate appearing for the appellant that court fees on Vakalatnama have been paid on 10th January, 2017 vide filing no. A-733. The defect in the appeal is, thus, rectified.

2. This first miscellaneous appeal is directed against an order being No. 17 dated 2nd September 2016 passed by the learned District Judge, North 24-Parganas, Barasat in Misc. Case No. 225 of 2015 (Arbitration) arising out of an application under Section 9 of the Arbitration & Conciliation Act, 1996 filed by the appellant/applicant.

3. By the impugned order, the appellant's application under Section 9 of the Arbitration & Conciliation Act was dismissed on contest without cost. The appellant/applicant felt aggrieved. Hence, he has filed the instant first miscellaneous appeal before this Court.

4. Let us now consider the merit of the instant appeal in the facts of the instant case.

5. The respondent, namely, M/s. Hijal Kanya Co-operative Housing Society Limited is a Housing Co-operative Society. The said Housing Co-operative Society appointed the appellant/applicant as a contractor for constructing multi-storied building on the land belonging to the s