WEST COAST PAPER MILLS LTD Vs. ASHA KAPOOR

JUDGEMENT

(1.) THE present petition under Article 227 of the Constitution of India has been filed seeking quashing of the order dated 23rd October, 2008 whereby the petitioner's application under Section 8 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as "the Act, 1996") was dismissed.

(2.) BRIEFLY stated, the material facts of this case are that on 26th April, 1971 a lease deed for a fixed term of three years commencing from 20th July, 1970 with two renewal options for one year was executed between the parties in respect of the entire ground floor of bungalow No. 101-102, Sunder Nagar, New Delhi. An agreement for hire of certain goods was also executed between the parties. The total consideration payable under the lease deed as well as the hire agreement was about Rs. 3,000/- per month. Clause 11 of the said lease deed dated 26th April, 1971 which contains an arbitration clause reads as under :-

(3.) ON 26th March, 1997 the respondent/plaintiff filed another civil suit being Suit No. 131/1997 in the Court of District Judge, Delhi for possession and mesne profits by contending that the rent stood revised to Rs. 3,630/- per month pursuant to Sections 6A and 8 of the Delhi Rent Control (Amendment) Act, 1988 (hereinafter referred to as "the DRC Act"). On 29th August, 1997 the petitioner/defendant filed a written statement in the said suit. On 17th September, 2001, the ADJ disposed of Suit No. 131/1997 by holding that the rent stood revised from Rs. 3,000/- to Rs. 3,300/- per month and passed a decree for money consisting of arrears calculated at Rs. 300/- per month for a period of 20 months. Subsequently, even an appeal being RFA No. 587/2001 against the said judgment was dismissed by the Appellate Court.