Final Order 1

Order Details: Notice of Motion
Pdf Text: Order in NM 963 of 2019 in
Suit No.292/2021.
MHCC010025442019
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
NOTICE OF MOTION NO. 963 OF 2019.
IN
Short Cause Suit No.292 of 2021.
Divija Mehta Leasing and Trading Pvt. Ltd & Anr … Applicant
(Defendants)
In the matter between
New Touch Cafe Pvt. Ltd. …Plaintiff
V/s.
Divija Mehta Leasing and Trading Pvt. Ltd and Anr. ...Defendants
Appearance:
Adv. Tushar Gaikwad i/b SMA Partners for Plaintiff.
Adv. Pranali Raut i/b Rahul Singh for Defendants.
CORAM : H. H. JUDGE AND
ASST SESSIONS JUDGE,
SHRI. S. B. PAWAR (C.R.No.59)
DATE : 25th JULY, 2022.
ORDER
Defendants have taken out this Notice of Motion with
prayer to refer the dispute involved in the present suit to arbitration.
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2. Defendants have contended that the suit has been filed for
recovery Rs.29,68,685.59/ with further interest and for other ancillary
reliefs. The claim of the plaintiff arises out of registered Leave and
License Agreement dated 25.04.2016 executed between the parties. As
per clause 38 of the said agreement, all disputes arising therein are to
be referred to the arbitration and shall be governed by the Arbitration
and Conciliation Act, 1996. Therefore, the suit has to be referred to the
arbitration and needs to be disposed of.
3. Initially the plaintiff filed affidavit in reply thereby
contesting the relief claimed in the Notice of Motion on the ground that
arbitration clause in the agreement dated 25.04.2016 does not survive
as the same is not valid on the account of conduct of the defendants and
defendants have already submitted their first statement on the
substance of the dispute before the Court. It was also contended that
the defendants suppressed the facts and have not approached the Court
with clean hands. However, during the argument on the Notice of
Motion, Ld. advocate for the plaintiff conceded to refer the dispute to
arbitration and submitted that the matter be referred to arbitration in
terms of prayer clause (a) in the Notice of Motion.
4. Alongwith affidavit in support of Notice of Motion,
defendants have produced the original leave and licenses agreement
dated 25.04.2016. I have perused the agreement. Clause No.38 of the
agreement provides that any dispute between the parties shall be
referred to the arbitration. Therefore, there is arbitration agreement
between the parties. Accordingly, as even, the plaintiff has given no
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objection, Notice of Motion deserves to be allowed. In the result,
following order is passed:
ORDER
1. Notice of Motion No.963 of 2019 is made absolute in terms of
prayer clause (a).
2 Notice of Motion No. 963 of 2019 disposed of accordingly.
(SHRI S.B.PAWAR )
Judge
Dt.:25/07/2022 City Civil Court, Gr.Mumbai
Declared on : 25.07.2022
Dictated on : 25.07.2022
Transcribed o : 29.07.2022
Checked & Signed on:
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
03.08.2022 at 12.05 p.m. Mrs. P.R.Wagh
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (with Court
Room No.)
HHJ SHRI.S.B.Pawar,(C.R.No.59)
Judge.,City Civil & Sessions Court,
Date of pronouncement of /Order 25.07.2022
Order signed by P.O. on 25.07.2022
order uploaded on 03.08.2022
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