V.S. ENTERPRIZES Vs. B.R. SHARMA

JUDGEMENT

(1.) This is a revision petition brought by the defendant under the provisions of Article 227 of the Constitution of India for setting aside the order dated 24.8.2011 (Annexure P1) passed by Additional Civil Judge (Senior Division), Gurgaon, whereby the application of the petitioner-defendant under section 8(1) of the Arbitration and Conciliation Act, 1996 has been rejected.

(2.) It is a case where the plaintiff-respondent filed a suit for possession by way of ejectment as also seeking relief of permanent injunction as a consequence thereof. Facing this suit, the defendant-petitioner filed an application under the aforesaid provisions for referring the matter to arbitration for proper adjudication of the matter as per the terms of the lease agreement dated 6.9.2004 (Annexure P2).

(3.) The defendant-petitioner claimed in his application that the plaintiff- respondent has filed a false and frivolous suit concealing material facts from the court. According to him, he has been accepting rent after filing of the present case also. It is further averred that the plaintiff has relied upon the lease deed dated 6.9.2004, which was signed between the plaintiff and the defendant regarding the suit property as per clause 12 of which, the dispute between the parties regarding the said lease deed had to be referred to arbitration. It is claimed that the jurisdiction of the court to entertain the suit is, therefore, barred.