This is an application under section 115 read with section 151 of the Code of Civil Procedure challenging the order dated 16.02.2004 passed by the learned Civil Judge (Senior Division), Dibrugarh dismissing the application filed under section 8 of the Arbitration and Conciliation Act, 1996.

2. The opposite party herein, as plaintiff, instituted Title Suit No. 2/2004 in the Court of learned Civil Judge (Sr. Divn.) at Dibrugarh on 19.01.2004 stating that he is a tea planter and a partner of M/s. Hatigarh Tea Estate. Pursuant to a decision arrived at by the Board of Directors and defendants on 08.11.2002 at Kolkata, the suit factory was leased out to the plaintiff on 10.01.2003 by entering into a deed of agreement as well as of Memorandum of Understanding. It was agreed to by the parties that the suit factory would be leased out to the plaintiff for a term of 5 years w.e.f. 10.01.2003. Plaintiff claimed to have obtained possession over the suit factory on 10.01.2003 pursuant to an agreement and made renovation and repairs by investing money by incurring expenditure to the tune of Rs. 12,00,000/-. The plaintiff also purchased and installed necessary machineries in the factory