TATA TELESERVICES LIMITED Vs. PAWAN AGGARWAL AND ANOTHER

JUDGEMENT

(1.) The present revision petition has been preferred against the order dated 14.09.2015 passed by the learned Civil Judge (Junior Division) Ambala, whereby the application moved by the petitioner-defendant No.1 under Section 8 of The Arbitration and Conciliation Act, 1996 (for short the 'Act') for referring the matter in dispute to the arbitrator has been dismissed.

(2.) The respondent No.1-plaintiff has filed the suit for recovery of Rs.6,97,537.20 against the present petitioner and performa respondent No.2 on account of the licence fees due with respect to 1200 square feet built up space at the basement of 5, Jasmeet Nagar, near Vita Milk Plant, Ambala City, lease out by the plaintiff-respondent No.1 to the petitioner as a licencee. It is alleged that the defendants are in arrears of licence fees from August 2009 to February 2012.

(3.) The petitioner moved an application under Section 8 of the Act for making reference of the dispute to the arbitration on the plea that there exists leave and licence agreement dated 01.03.2009 containing the specific arbitration clause covering the matter in dispute. The said application was contested by the respondent No.1-plaintiff.