( 1 ) IN a suit for recovery of possession, mesne profits and permanent injunction, the plaintiff filed an IA. 11417/01 under Order XXXIX Rule 7 CPC seeking a direction to the defendant to pay to him use and occupation charges in respect of the suit property @ Rs. 80,000/- per month during the pendency of the suit. The defendant, on the other hand, on his appearance, came up with an IA. 1008/02 under Section 8 of the Arbitration and Conciliation Act, 1996 seeking reference of disputes forming subject matter of the suit to arbitration or in the alternative to stay the proceedings in the suit. In the event of aforesaid application made by the defendant being allowed, it may not be open to take up IA. No. 11417/01 as it will be for the arbitrator concerned to adjudicate upon all the disputes, including the entitlement of the plaintiff to recover use and occupation charges in respect of the suit premises at the rate stated aforesaid. It would, therefore, be appropriate to deal with IA. 1008/02 first.

( 2 ) FACTS relevant for disposal of IA. 1008/02 may be stated briefly. One Ms. Rachna Sethi owned a plot of land bearing No. D-125, Anand Niketan, New Delhi admeasuring 26