INDERMEET KAUR, J.

1. Order impugned before this Court is the order dated 28.01.2012 whereby the two applications filed by the defendant i.e. the first application under Section 8 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the ‘said Act’) and the second application under Order 7 Rule 11 of the Code of Civil Procedure (hereinafter referred to as the ‘Code’) had been dismissed.

2. Record shows that the present suit is a suit for possession, mesne profits and damages filed by the plaintiff against the sole defendant; suit premises are property No. K-13A, Hauz Khas Enclave, New Delhi which had been let out to the defendant in terms of a registered lease deed dated 13.03.2006. Contention of the plaintiff is that Clause 20 of the said lease deed contains an arbitration clause and in terms thereof, the disputes having arisen between the parties in view of the mandate of Section 8 of the said Act they had to be referred for arbitration.

3. Relevant would it be at this stage to reproduce the arbitration clause which is a part of the lease deed and which reads herein as under:-

“If there should be a dispute among the parties or any of them arising out o