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2002 Supreme(Del) 531

P.C.JAIN
TRANS WORLD FINANCE AND REAL ESTATE COMPANYPRIVATE LIMITED – Appellant
Versus
UNION OF INDIA – Respondent


R. C. Jain

( 1 ). This civil revision is directed against the order of the learned Additional District Judge, Delhi, dated 12. 1. 99, thereby returning a finding that the plaint is not maintainable before the court and the matter in dispute be referred to the arbitration as per clause 9 of the lease deed.

( 2 ). The relevant facts to be noted for the disposal of the present revision petition are that the petitioner herein had filed a suit for recovery of possession of the tenanted premises after terminating the tenancy of the respondent and for mesne profits for use and occupation. The suit was contested by the respondent-defendant inter-alia on the ground that there exited an arbitration agreement between the parties in terms of clause 9 of the lease deed dated 1/04/1992 and, therefore, the suit of the plaintiff before the civil court/judicial authority was not maintainable. Other averments and allegations made in the plaint were also appropriately replied. The petitioner-plaintiff did not chose to file any replication to the written statement of the defendant and rather sought a judgment in terms of the suit prayer based on certain admissions of facts made by the defendant in thei








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