- (1.) With the contents of the learned counsels for the parties, the petition is being decided finally at the admission stage itself.
(2.) The present revision petition has been filed by the petitioners-defendants under Section 115 of CPC challenging the order dated 08/10/2013 passed by the Additional Civil Judge (Junior Division) No.2, Jaipur Metropolitan City (hereinafter referred to as 'the Trial Court' for convenience) in civil Suit No.107/2013, whereby the Trial Court has dismissed the application filed by the petitioners-defendants under Order VII Rule 11 of CPC read with Section 8 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'the said Act').
(3.) The short facts, giving rise to the present petition, are that the respondent-plaintiff and the petitioner Nos.1 and 2 had entered into a lease and licence agreement dated 11/09/2007 for installation, modification, deinstallation and maintaining the equipment for providing telecommunication services upon the terrace/vacant space and on the ground space together with the space for laying cable trays and cables on the exterior portion of the building in the premises as described in the said agreement. The said agreement was signed by the petitioner Nos.1 and 2 as the Licensor and the respondent as the Licensee. As per one of the conditions being the condition No.15, the said parties had agreed to refer the disputes which may arise out of the said agreement to the arbitrator. The said condition contained in the agreement reads as under :- "15. ARBITRATION It is mutually agreed between the Parties, that in the event of any dispute, or differences in the matter of interpretation, execution or carrying out the objects and functions under this Agreement, the same shall be referred to a sole arbitrator, to be appointed by TTL. The provisions of the Arbitration and Conciliation Act of 1996, including its statutory modification and re-enactment in force from time to time, shall apply to the proceedings which shall be conducted in English and the venue of such proceedings shall be at Jaipur the decision of such sole arbitrator shall be final and binding on both the Parties. For all matters concerning this Agreement, only the competent courts at Jaipur shall have the exclusive jurisdiction".;