JUDGMENT

Abhay Manohar Sapre, J.

1) Delay condoned. Leave granted.

2) This appeal is filed by the defendant against the final judgment and order dated 27.07.2016 passed by the High Court of Delhi at New Delhi in F.A.O. No.344 of 2016 whereby the High Court dismissed the appeal filed by the appellant herein and upheld the order dated 11.04.2016 of the Additional District Judge-05, South East Dist., Saket Courts, New Delhi in C.S. No. 132 of 2016.

3. The question involved in the appeal is short. It arises on the facts, which lie in a narrow compass.

4. The question, which arises for consideration in this appeal, is whether the two Courts below were justified in rejecting the application filed by the appellant herein under Section 8 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as “the Act”) in a pending civil suit filed by the respondent seeking appellant's eviction from the premises in question and for claiming some ancillary reliefs therein.

5. The appellant is the defendant whereas the respondent is the plaintiff in a civil suit out of which this appeal arises.

6. The respondent has filed a suit being C.S. No. 132/2016 against the appellant on 17.08.2015 in