MANMOHAN, J.

I.A. 24269/2015 in CS(OS) 1540/2015

1. Present application has been filed by the defendants No.1 to 5 under Section 8 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the “said Act”) for referring the disputes raised in the present plaint to arbitration. However, in the prayer clause in the application, it has been prayed that the plaintiff’s present suit be dismissed and the plaintiff be asked to request GM Northern Railway for appointment of an arbitrator.

2. It is pertinent to mention that the present suit has been filed by the plaintiff for recovery of Rs.2,00,32,356 along with interest.

3. In the application, it is averred that Clause 37(v) of the Agreement dated 09th September, 2010 provides that in the event of any question, dispute or difference arising under the said Agreement, the dispute shall be referred to Arbitration. According to learned counsel for the applicant-Railways, as there is a dispute between the parties, the matter needs to be referred to arbitration. The arbitration clause contained in the Agreement dated 09th September, 2010 is reproduced hereinbelow :-

"37. Miscellaneous

xxxx xxxx xxxx xxxx

(v) In the event of an