KAILASH GAMBHIR, J.

1. This order will dispose of an application filed by the defendant under Section 5 and 8 of the Arbitration and Conciliation Act, 1996 read with Order 7 Rule 11 and Section 151 Code of Civil Procedure, 1908.

2. Brief facts of the case that have led to the filing of the present suit by the plaintiff are that the plaintiff in response to the advertisement given by the defendant in various newspapers and also via published brochures and other publicity material had made a request to the defendant to book 8000-10000 sq.ft. commercial space in the DLF towers at Okhla, New Delhi vide its letter dated 25.2.2008. The plaintiff had also sent a cheque of Rs. 50 lakhs vide cheque bearing No. 454109 dated 25.2.2008 drawn on State Bank of India, Nehru Place Branch, New Delhi as an initial token amount for the booking of the said space in the said commercial complex. After making the payment of Rs. 50 lakhs, the plaintiff made various requests/ representations to the defendant to sign and execute the Space Buyers Agreement so that the terms and conditions of the contract are agreed between the parties, but the defendant kept on avoiding the issue on one pretext or t