ORDER. :-

1. This Interim Application has been filed by the Defendant seeking to refer the suit to Arbitration under Section 8 of the Arbitration and Conciliation Act, 1996 and accordingly dispose of Commercial Summary Suit No. 3 of 2025.

2. The background facts leading to the filing of this application has been stated in the Application as under:

2.1 The Applicant is a private limited company and statedly is operator/concessionaire of Mumbai Metro Line – 1 project, operating between Versova, Andheri and Ghatkopar in Mumbai. The Respondent is a company operating inter alia in the infrastructure and construction sector.

2.2 The Applicant appointed the Respondent as a contractor to execute various works in respect of the Mumbai Metro Line - 1 project (between Versova – Andheri - Ghatkopar). Thereafter parties entered into a contract agreement dated 16^th August 2010 (the “Contract”) which set out the terms and conditions between the parties. The Clause 19.7 of the said contract provided for reference to arbitration. The said clause is reproduced as under:

19. CLAIMS, DISPUTES, CONCILIATION AND ARBITRATION

19.1 … ……

19.7 If the efforts to resolve all or any of the disputes, differences or c