- (1.) HEARD learned Counsel for the petitioner and learned Counsel for the respondents.
(2.) THIS writ petition has been filed by the petitioner Indian Oil Corporation against an order dated 25.3.2009 passed by the District Judge, Bhadohi, Gyanpur by which the Court below has come to the conclusion that the matter between the petitioner and the respondents need not be referred to an Arbitrator. The facts of the case are that the Lease Deed was executed between the petitioner and the respondents on 25.8.2000 for the land situated in Village Mahuwari, Pargana Bhadohi, Tehsil Gyanpur, District Sant Ravidas Nagar. The term of the lease was for 30 years, fixing a monthly rent of Rs.8000.00. The land had been given on rent to the petitioner to establish a retail outlet for petrol. The Lease Deed contained an Arbitration Clause. However, on 1.5.2008, Suit No.123 of 2008 was filed in the Court of the Civil Judge (Senior Division), Bhadohi against the petitioner by one Rajnath (respondent) with a prayer that the petitioner Indian Oil Corporation be restrained from changing the nature of land and that it should not do the business of petroleum product retail on the premises in dispute. On 6.5.2008 the present petitioner filed a preliminary objection under Section 5 & 8 of the Arbitration and Conciliation Act, 1996 with a prayer to refer the dispute between the parties to an Arbitrator.
(3.) THE application filed by the petitioner along with an affidavit is on record as Annexure-3. The affidavit, which is on record states in paragraph no.4, as hereunder:- "That, in presence of arbitration agreement in the Lease Deed, suit is barred u/s 5 and 8 of Arbitration and Conciliation Act, 1996. The photostat copy of Lease Deed is annexed with affidavit." ;