Calcutta High CourtFAT/4/2022disposed

The Director v. J.K.Engineering

2022-12-14Hon'Ble Justice Rajasekhar Mantha,Hon'Ble Justice Bibhas Ranjan De3 pages

IN THE HIGH COURT AT CALCUTTA

CIVIL APPELLATE JURISDICTION [CIRCUIT BENCH AT PORT BLAIR] ...

FAT/4/2022 In IA No.CAN/1/2022 The Director, Directorate of Fisheries.

Vs.

J. K.Engineering Ms. Anjili Nag ... for the appellant Mr. Mohammed Tabraiz ... for the respondent December 14, 2022 [SR] Item No.2 Re: CAN/1/2022 - Application for condonation of delay Sufficient grounds are available for explaining the delay of 122 days in filing the instant appeal. The delay is condoned.

CAN/1/2022 stands disposed of.

Re: FAT/4/2022 The short question comes for consideration in the instant appeal is to whether the learned District Judge could have entertained the application under section 9 of the Arbitration and Conciliation Act, 1996 in a matter that fell substantially within the domain of the Arbitral Tribunal under section 17 of the Act of 1996. By the impugned order dated 5th April, 2022, the learned District Judge has directed the Administraiton

to grant NOC to enable the petitioner to obtain electricity connection.

Admittedly the lease/tenancy of the petitioner in a scheme for repairing boats of fisherman an area of 300 Sq.mtrs was allotted to the respondent for construction and repair of boats. The scheme in question was the RVKJ. The tenancy, according to the appellant, was not extended beyond 27.01.2020 in terms of the MoU between the parties.

The respondent sought for extension which was refused. He was asked to vacate the said premises. Ms. Anjili Nag, learned counsel appearing for the appellant submits that the petitioner is in violation of other terms and conditions of the MoU with regard to boat building.

Having carefully considered the facts and circumstances of the instant case, this Court is of the view that the learned District Judge ought to have left the matter to be decided by the Arbitral Tribunal under section17 of the said Act.

The impugned order is set aside.

The respondent shall be at liberty to approach the Arbitral Tribunal under section 17 of the said Act for seeking of NOC. If such application is made, the

Tribunal, after hearing the appellant, shall pass appropriate orders in accordance with law.

FAT/4/2022 is allowed and disposed of.

There shall be no order as to costs.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

( Rajasekhar Mantha, J. ) ( Bibhas Ranjan De, J.)