2002 (4) TMI 977

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....facts to be noted for the disposal of the present revision petition are that the petitioner herein had filed a suit for recovery of possession of the tenanted premises after terminating the tenancy of the respondent and for mesne profits for use and occupation. The suit was contested by the respondent-defendant inter-alia on the ground that there exited an arbitration agreement between the parties in terms of Clause 9 of the lease deed dated 1st April, 1992 and, Therefore, the suit of the plaintiff before the civil court/judicial authority was not maintainable. Other averments and allegations made in the plaint were also appropriately replied. The petitioner-plaintiff did not chose to file any replication to the written statement of the def....

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.... parties to arbitration. The question is whether this mandate of law could have been ignored by the court mainly on the ground that no specific application or prayer for reference or dispute to arbitration was made or it did not precede the filing of the written statement. In the opinion of this court the these circumstances were not such as should have precluded the court from exercising its jurisdiction under Section 8 keeping in view the object of the Act as fully detailed in Section 5 of the said Act and as interpreted by the courts in recent times. The defendant clearly brought it to the notice of the trial court about the existence of the arbitration agreement at first ever opportunity which he had and, Therefore, it was the bound dut....

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....der: "Provided always and it is hereby expressly agree that if at any time there shall arise any dispute, doubt, difference or question with regard to the interpretation or meaning of any of the terms and conditions of this demise or in respect of the rights, duties and liabilities of he parties hereto or in anyway touching or arising out of these presents or otherwise in relation to the premises, then every such dispute, difference, doubt or question (expect the decision whereof is herein expressly provided for shall be referred to the sole arbitration of the Member (Services), Department of Telecommunication, New Delhi, or if he is unable or unwilling to act, then of an officer appointed by him in this behalf and the decision of ....