BHARAT SANCHAR NIGAM LIMITED Vs. ASHOK KUMAR

JUDGEMENT

(1.) Petitioners (hereinafter in short 'BSNL') through its Regional Manager have challenged the order of the Civil Judge dated 3.3.2012 passed in Original Suit No.206 of 2011 by which the application of the BSNL under Section 8 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as "the Act") has been rejected and the order dated 29.8.2012 passed by the Additional District Judge dismissing the revision arising therefrom.

(2.) The BSNL entered into an agreement on 14.06.2005 with the respondent Ashok Kumar (hereinafter "Ashok Kumar) who is the owner and landlord of a plot of land of 100 sq. meters of Kharsra No.166 situate in Ukhlarsi, Muradnagar, Pargana Jalalabad, Tehsil Modi Nagar, district Ghaziabad for the use of the aforesaid land for a period of five years w.e.f. 14.5.2005 till 13.5.2010 on a rent of Rs.2,400/- per month for installation of a telecommunication tower. On the expiry of the above period BSNL was supposed to hand over the possession of the land to Ashok Kumar.

(3.) The aforesaid agreement, inter alia, vide clause 17 provides that if at any time any dispute or difference in respect of right, duties and liabilities of parties arise between them the same shall be referred to the sole arbitration of the Chief General Manager, Telecom, U.P. (West) Meerut.