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2016 Supreme(Online)(KER) 3059

HIGH COURT OF KERALA
K.RAMAKRISHNAN, J
SWAPNA SAJI – Appellant
Versus
BHARATH SANCHAR NIGAM LTD – Respondent


JUDGMENT

This petition was filed by the petitioner challenging the order allowing the application filed under Section 8 of the Arbitration and Conciliation Act by the 1st Additional Munsiff Court, Ernakulam under Article 227 of the Constitution of India.

2.The petitioner is the plaintiff in O.S.No.207/2016 on the file of the 1st Additional Munsiff Court, Ernakulam. The suit was filed by the petitioner seeking a relief of injunction. She filed the suit covered by Ext.P1 in this case for an injunction restraining the defendant from forcibly evicting her from the plaint schedule building or from demanding enhanced rent other than the rent fixed by Ext.P3 agreement dated 4.2.2014 or fair rent to be fixed by the competent court or disturbing or disconnecting the amenities including electricity water etc., to the plaint schedule property. 3. The respondent entered appearance and filed Ext.P4 application under Section 8 (2) of the Arbitration and Conciliation Act , challenging the maintainability of the suit before the civil court in view of clause (4) in the lease agreement as I.A.3825/2016 in O.S.207/2016 and Ext.P5 objection to the same was filed by the petitioner, stating that the ar

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