Friend Motel Pvt Ltd v. Supertrack Hotel Pvt Ltd

$~38.

* IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 3138/2015 & IAs No.21945 & 21946/2015 FRIEND MOTEL PVT. LTD.

..... Plaintiff Through: Md. Shahid Anwar and Mr.Amir Naseem, Advocates versus SUPERTRACK HOTEL PVT. LTD.

..... Defendant Through:

CORAM:

HON'BLE MS. JUSTICE HIMA KOHLI

O R D E R

% 15.10.2015 1.

The plaintiff has filed the present suit against the defendant praying inter alia for possession of premises bearing No.104, Babar Road and for recovery of damages etc.

2.

On a perusal of the lease deed dated 27.3.2014, filed by the plaintiff along with the list of documents, it transpires that there is an arbitration clause, i.e., clause 20 therein whereunder, the parties had agreed that if any dispute/controversy arises between them, relating to the lease deed, including breach, termination and invalidity thereof, they shall resort to arbitration.

3.

Counsel for the plaintiff states that due to bonafide inadvertence, he did not carefully scrutinize the lease deed due to which the existence of the arbitration clause in the lease deed escaped CS(OS) 3138/2015 Page 1 of 2

his attention. He submits that he may be permitted to withdraw the present suit while reserving the right of his client to seek its remedies as per the procedure prescribed in the lease deed. He also makes a request that the court fees affixed on the plaint may be refunded to the plaintiff.

4.

The suit is dismissed as withdrawn, along with pending applications, with liberty granted to the plaintiff, as prayed for. In the interest of justice, the Registry is directed to issue a certificate for refund of the court fees affixed on the plaint. HIMA KOHLI, J OCTOBER 15, 2015 mk/rkb CS(OS) 3138/2015 Page 2 of 2