SOUMEN SEN,J. - (1.) The defendant has filed this application for dismissal of the suit on the ground that an arbitration proceeding is pending and by reason of the existence of the arbitration agreement, the parties are required to be referred to arbitration for resolution of the disputes.
(2.) The petitioner before the initiation of the suit initiated an arbitration proceeding on the basis of the arbitration clause mentioned in the leave and licence agreement executed by and between the parties on 1st August, 2012. There is a named arbitrator before whom the proceeding commenced. The plaintiff filed a statement of claim praying, inter alia, for recovery of possession on termination of the leave and licence agreement. The plaintiff also claims certain monetary reliefs. The plaintiff states that the leave and licence agreement expired in the month of June, 2013 whereupon the defendant became oblige to deliver vacant and peaceful possession of the claimant, however, the defendant had failed and neglected to do. The plaintiff, in fact, had served a notice to quit dated 25th September, 2013 under Section 106 of the Transfer of Property Act, 1882 calling upon the defendant to deliver vacant and peaceful possession of the suit premises expired on 15 days from the date of respondent's receipt of the same. It is stated that even assuming that the respondent was a lessee of the suit premises, the lease stood terminated on 11th October, 2013.
(3.) In the said proceeding, the plaintiff has also filed an application for interim relief under Section 17 of the Arbitration and Conciliation Act, 1996.;