JUDGMENT :

IA No.8471/2020

1. This application is filed under Section 8 of the Arbitration and Conciliation Act, 1996 read with Order 7 Rule 11 CPC for rejection of the plaint and for referring the parties to arbitration.

2. The present suit is filed by the plaintiff for recovery of Rs.2,58,24,648/- being refund of the available interest-free refundable security deposit together with interest. A decree of mandatory injunction is also sought to handover the movables of the plaintiff which, it is stated, have been illegally detained by the defendant. Alternative relief of Rs.91,05,539/- by way of damages or compensation is also sought.

3. Some of the relevant facts are that vide a Lease Deed dated 21.02.2017, the defendant leased to the plaintiff the office premises on the First Floor and Second Floor at 21, IT Park, Sahastradha Road, Dehradun, Uttarakhand admeasuring 39,614 sq.ft. super built up area with 22 car parking slots in the building for nine years from 01.01.2017. Simultaneously, a Maintenance Agreement was also executed between the parties which was co-terminus with the Lease Deed for payment of fit out and maintenance charges for the said premises. As per the lease deed, ther