IA no. 14611/2016 (U/s 8 of Arb. Act. on behalf of defendants)

1. Vide present application the defendants have sought the reference of the present dispute to Arbitrator alleging that the dispute arises out of the two contracts dated 02.12.1997 and 12.11.1999 which contains Arbitration Clauses and pursuant to these clauses 46 & 45 of the Contracts, all the disputes arising out of the contract has to be referred to the Arbitrator under the provisions of Arbitration and Conciliation Act, 1996 and this Court has no jurisdiction. It is submitted that the plaintiffs have sought declaration of their ownership rights in the property which was the subject matter of the agreement to sell and hence the matter needs to be referred to the Arbitrator.

2. No reply to the application was filed by the plaintiffs. It is argued on behalf of the plaintiffs that the dispute between the parties relates to the payment of maintenance charges. The dispute arose when the defendants served the impugned notice dated 17.07.2015 demanding the maintenance charges. It is submitted that the issue relating to the maintenance charges is outside the purview of the agreement to sell and, therefore, the Arbitra