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2021 Supreme(Cal) 235

DEBANGSU BASAK
Institute For Indian Labour – Appellant
Versus
Terai Tea Company Limited – Respondent


Advocates Appeared:
Anirban Ray, Advocate, Rajarshi Dutta, Advocate, A.K. Dhar, Advocate, S. Bhattacharyya, Advocate, Sagar Bandhyapadhyay, Advocate, Ratul Das, Advocate, Soumyajyoti Nandy, Advocate, Asutosh Singh, Advocate

JUDGMENT

Debangsu Basak, J. - The Defendant has applied under Section 8 of the Arbitration and Conciliation Act, 1996, for reference of the disputes involved in the suit to arbitration.

2. Learned Advocate appearing for the defendant has submitted that, the plaintiffs entered into a tenancy agreement dated May 22, 2009. By and under such tenancy agreement, the defendant was put into possession of the suit premises as a tenant thereof. Such tenancy agreement has an arbitration agreement. He has referred to Clause 18 of the Tenancy Agreement and submitted that such Clause is the arbitration between the parties. He has submitted that, the parties had entered into a Consolidated Charges Agreement on May 22, 2009. Such Consolidated Charges Agreement also has an Arbitration Agreement at Clause 9. He has submitted that, the disputes in the suit has arisen out of the Tenancy Agreement and the Consolidated Charges Agreement. Such disputes have to be resolved through the agreed mechanism of arbitration as provided in the two agreements. In support of the contention that, the disputes in the suit can be referred to arbitration, learned Advocate appearing for the defendant has relied upon (Vidy

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