VANDANA BATRA Vs. AERENS GOLDSOUK INTERNATIONAL LTD.

JUDGEMENT

(1.) BY this order I propose to decide the application filed by the plaintiff under Order XLVII Rule 1 read with Section 114 and Section 151 of the Code of Civil Procedure (hereinafter referred to as CPC) for restoration of suit by recalling of order dated 13th September, 2012.

(2.) FEW facts are that the plaintiff filed the suit for ejectment from immovable property and recovery of arrears of rent and for mesne profits/damages for use and occupation. The defendant was a tenant of the plaintiff in respect of a flat bearing No. 402 having a super area of 1907.249 sq. ft. comprising of drawing cum dining room, three bedrooms, three bathrooms car parking on the 4th floor of the multistoried building known as "Adishwar Apartment" situated at 34, Ferozshah Road, New Delhi -110 001 along with car parking at a rent of Rs.1 lac per month besides electricity, water and maintenance charges payable directly by the defendant to the concerned authorities.

(3.) THE defendant upon service of the summons appeared before Court on 21st May, 2012 and made their submission before Court that there is an arbitration clause in the agreement and that he would file an appropriate application under the Arbitration and Conciliation Act, 1996. The defendant filed an application dated 21st August, 2012, being I.A. No. 15686/2012 under Section 8 of the Act, praying for the following reliefs: