VANDANA BATRA Vs. AERENS GOLDSOUK INTERNATIONAL LTD

JUDGEMENT

(1.) The abovementioned application is filed by the plaintiff under Order 12 Rule 6 read with Section 151 CPC seeking for judgement on admissions and directing the defendant to handover vacant peaceful possession of the suit.

(2.) The present suit has been filed in respect of Flat bearing No. 402 having a super area of 1907.249 sq. ft. on the 4th floor of the multistoreyed building known as "Adishwar Apartment" situated at 34, Ferozshah Road, New Delhi- 110001 along with car parking (hereinafter referred to as the "suit property").

(3.) The defendant upon entering appearance in this suit preferred an application under Section 8 of the Arbitration and Conciliation Act, 1996 for referring the matters to Arbitration by invoking the arbitration clause in an unregistered lease deed. However, since arbitration under inadequately stamped and unregistered lease deed is not maintainable as such the plaintiff to move this Court for restoration of this suit and the Arbitrator terminated the arbitration proceedings. Vide order dated 1 st October, 2014 this Court restored the suit and all pending applications to their original positions.