RELIANCE INDUSTRIES LTD Vs. NILU RAI

JUDGEMENT

(1.) Petitioner/defendant is aggrieved by an order dated 09.12.2010 passed by Sub-Judge, 1st, Begusarai in Money Suit No.08 of 2009 whereby and where under the learned lower court rejected prayer of the petitioner to refer the matter to arbitrator in accordance with Sec. 8 of the Arbitration and Conciliation Act 1996.

(2.) It has been submitted on behalf of the petitioner that 1275 Sq.Ft. (Carpet Area) on the second floor of the building belonging to Respondent/Plaintiff was hired by the petitioner under an agreement (license) dated 01.02.2005 for a period of 9 years 11 months with effect from 1st March 2005 to 31st Jan. 2015 on the terms and conditions so enumerated therein. It has further been submitted that as per Clause-VI has been provided that in the event of any dispute arising by and between the parties, the same shall be amicably resolved by Conciliation and having failed, by way of arbitration wherein provisions of the Arbitration and Conciliation Act, 1996 would be applicable with a further discloser with regard to place of arbitration at Kolkata.

(3.) It has been submitted on behalf of petitioner that building has been vacated on 31.03.2009. Subsequently thereof, Money Suit No. 08/2009 has been filed at the end of landlord on the ground so enumerated therein asking for reliefs of decree for Rs.2,47,500.00 as arrear of rent, cost of the suit, any other relief or reliefs which the plaintiff found entitled for and, accordingly, petitioner/defendant was noticed who appeared and prayed before the learned lower court that in terms of agreement, any kind of dispute having arisen amongst the parties were to be resolved firstly, by conciliation, failing which, through arbitration and during course thereof, there would be applicability of Arbitration and Conciliation Act, 1996, as well as the place of arbitration has also been perceived at Kolkata, therefore, the matter should be referred to arbitrator.