SAMEER BARAR Vs. RATAN BHUSHAN JAIN

JUDGEMENT

(1.) Leave granted.

(2.) Heard parties.

(3.) Even if the civil court felt that, because of the arbitration clause the suit was not maintainable, it could have treated the application to be one u/s 9. We are told that Arbitration Application No. 384 of 2005 has already been filed before the Chief Justice for appointment of an arbitrator by the respondents. We, therefore, direct that pending the appointment of an arbitrator and for three weeks thereafter, the appellants will not be dispossessed from the premises in their possession. The appellants to then apply to the arbitrator for interim orders.