RBL BANK LIMITED Vs. SOHANLAL V. JAIN

JUDGEMENT

(1.) Heard learned counsel for the Petitioner. Learned counsel for the Respondents waives service. Taken up for final disposal with consent.

(2.) This petition under Article 227 of the Constitution of India, takes exception to order dtd. 29/1/2024 by which Notice of Motion No. 102415 of 2023 filed by the Respondents, seeking reference of the dispute to Arbitrator, under Sec. 8 of The Arbitration and Conciliation Act, 1996 ('the said Act' for short) is allowed, in commercial suit filed by Petitioner.

(3.) The Petitioner is plaintiff in Commercial Suit No. 100234 of 2022 filed against the Respondents seeking recovery of the 'deposit amount' paid under Leave and License Agreement dtd. 31/8/2018 ('the said L&L Agreement' for short) between the Petitioner as licensee and Respondents as licensor. Respondent No.1 HUF is the landlord of the subject matter commercial premises at Borivali (W), Mumbai situated on the ground floor along with basement.