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2023 Supreme(Cal) 1368

SOUMEN SEN, SIDDHARTHA ROY CHOWDHURY
Amstar Investments Private Limited – Appellant
Versus
Shree Shree Iswar Satyanarayanjee – Respondent


Advocates Appeared:
For the Appellant : Mr. Joy Saha, Sr. Adv., Ms. Urmila Chakraborty, Mr. Ishaan Saha, Mr. A. Choudhury, Ms. Meera Agarwal.
For the Respondents: Mr. Ashoke Banerjee, Sr. Adv., Mr. Sakya Sen, Mr. Animesh Paul, Ms. Sormi Dutta, Ms. Haardikaa Rajder.

JUDGMENT :

Siddhartha Roy Chowdhury, J.

1. Challenge in this appeal is to the judgement and order passed on 8th June, 2021 by learned Single Judge, in an application being A.P. no. 1276 of 2015 under Section 34 of the Arbitration and Conciliation Act, 1996.

2. Briefly stated on 1st December, 1982 by virtue of registered deed of lease, to be expired by efflux of time, the appellant was inducted as lessee in respect of the suit property by the respondents for a period of 15 years. After the efflux of time, in the year 1997, since the lessee did not vacate the premises, the lessor, following the clause of arbitration, as incorporated in the deed of lease, took out an application for appointment of an Arbitrator and accordingly the dispute was referred to arbitration under the Act of 1996, which was culminated into an award, passed by Learned Arbitrator, on 21.04.2019 directing thereby the lessee to quit and vacate the property in question and to deliver peaceful possession of the same to the lessor.

3. The lessee made an unsuccessful attempt to get the award reversed, in a proceeding under Section 34 of the Arbitration and Conciliation Act, 1996. Hence this intra court appeal.

4. Assailing

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