JUDGMENT :

1. Petitioner has challenged award dated 21st April, 2015, for it to be set aside. Mr. Saha, learned senior advocate appeared on behalf of petitioner/award debtor and submitted, his client is tenant for non-residential purpose and protected under West Bengal Premises Tenancy Act, 1997. He relied on judgment of Supreme Court in Ranjit Kumar Bose vs Anannya Chowdhury reported in (2014) 11 SCC 446, paragraphs 10 to 12 and 20 to submit, section 6 of the 1997 Act overrides a contract between landlord and tenant, including arbitration agreement. His client had earlier applied under section 16 of Arbitration and Conciliation Act, 1996 challenging jurisdiction of the arbitral Tribunal. He relied on paragraphs 10, 13 and 16 of his client’s subsequent section 16 application. The paragraphs are set out below.

“10. The subject matter of the arbitration is the eviction of the Respondent from Premises nos. 23, 23/1 and 24, J. N. Mukherjee Road, Howrah. The issues involved in the Suit are governed by the provisions of West Bengal Premises Tenancy Act, 1997, section 44 of the said Act provides as follows:

“No civil court shall entertain any suit or proceeding in so far as it relates to fix