ALOK MEHROTRA Vs. GOVT OF NCT OF DELHI

JUDGEMENT

(1.) This revision under Section 25 of the Provincial Small Cause Courts Act is directed against the order dated 24-7-2009 passed by the Judge Small Causes Court/District Judge Dehranun (for short the J.S.C.C.) in S.C.C. Suit No. 14 of 2009, Alok Mehrotra Vs. Govt. of NCT of Delhi and others, whereby the application moved by the defendant nos. 1 and 2 (respondent nos. 1 and 2 herein) under Section 8 of the Arbitration and Conciliation Act, 1996 (for short the Act) read with Section 151 C.P.C. has been allowed and the parties are directed to refer their disputes to the sole arbitrator.

(2.) Briefly stated, the facts giving rise to the present revision are that the plaintiff-revisionist instituted S.C.C.Suit No. 14 of 2009 against the defendant-respondent nos.1 and 2, wherein defendant nos. 3 to 9 (respondents no. 3 to 9 herein) have been arrayed as proforma defendants. The plaintiff-revisionist has sought the following relief in the said suit:-

(3.) Summons were issued to the defendants. After receipt of summons along with copy of the plaint, the defendant nos. 1 and 2 filed an application under Section 8 of the Act with a prayer inter alia to refer the parties for settlement of disputes, as sought to be raised in the present suit, before the sole arbitrator to be appointed as per Clause 12 of the Lease Agreement dated 23 rd March, 1988. The application under Section 8 of the Act had been moved in view of the agreement/lease deed dated 23 rd March 1988 allegedly executed by Smt. Jiyo Rani in favour of the defendant no.1 and 2. Clause 12 of the said agreement reads as under:-