Friend Motel Pvt. Ltd. vs Supertrack Hotel Pvt. Ltd.
2015 Latest Caselaw 7957 Del

$~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

                         ORDER

% 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

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 The suit is dismissed as withdrawn, along with pending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