IA No.14694/2016 (of both the defendants under Section 8 of the Arbitration & Conciliation Act, 1996)

1. This application came up first before this Court on 28th November, 2016 when the following order was passed:

“1. The defendants in this suit for ejectment from immovable property on determination of lease seek reference to arbitration in accordance with Clause 24 of the registered lease deed.

2. The counsel for the plaintiffs appears on advance notice and states that the defendants have not filed the written statement and hence their defence is liable to be struck off and the suit be decreed and for which purpose, an application under Order VIII Rule 10 CPC has already been filed.

3. Even if that be so, that in my view would not defeat the application.

4. Section 8 of the Arbitration & Conciliation Act, 1996 would be applicable as long as the written statement on the merit of the defence has not been filed and which has admittedly not been filed.

5. The counsel for the plaintiffs next contends that as per the arbitration clause itself, the same is not applicable in case of default of rent. He contends that the determination of lease was on the ground of default in payment of re