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2018 Supreme(Kar) 930

VINEET KOTHARI
Sudha S. Raju – Appellant
Versus
Iffco Tokio General Insurance Company Limited – Respondent


Advocates:
Advocate Appeared:
Raghavendra C., V. Ramesh Babu

JUDGMENT :

Vineet Kothari, J.

The defendant-Mrs. Sudha Raju, lessor/land lady has filed this writ petition under Article 227 of the Constitution of India aggrieved by the order dated 14.12.2016 passed in O.S.No.5577/2009 (Iffco Tokio General Insurance Company Limited (plaintiff) vs. Mrs. Sudha S. Raju (defendant) rejecting her application I.A. No. VI filed under Order 7 Rule 11(d) of CPC for referring the dispute to Arbitration in regard to refundability of the Security Deposit made by the lessee-plaintiff with the defendant/land lady-Mrs. Sudha S. Raju, u/S. 8 of the Arbitration and Conciliation Act, 1996 (for short 'Act').

2. It may be noted that the lease premises in question have already been vacated by the plaintiff-lessee-Company on 14.09.2006 and the dispute is only about refund of Security Deposit to the Lessee- Company.

3. On the said application-I.A.No.6 filed by the defendant-land lady, the learned Trial Court, in the impugned order dated 14.12.2016, has held that issue relating to refund of the Security Deposit, which was withheld by the lessor-land lady, according to her, for justifiable reasons and it was an arbitrable issue and the Arbitration Clause was a separate and s








































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