Dismissed¶23

Mohan Agarwal Alias Mohan Agarwala v. M/S Gtl Infrastucture Ltd.

Gauhati HC9 Mar 2025CRP(IO)/408/2023

Case brief

AI extract

What is this about?

Gauhati High Court order dated 10.03.2025 by Justice Devashis Baruah dismissing CRP(IO)/408/2023, an Article 227 petition by MOHAN AGARWAL ALIAS MOHAN AGARWALA (Margherita, Dist. Tinsukia, Assam) against M/S GTL INFRASTUCTURE LTD challenging referral of his rent-recovery suit to arbitration. Keywords: Article 227; Section 8, Arbitration and Conciliation Act 1996; Misc. (J) Case No.12/2022; order dated 23.08.2022; suit for recovery of arrear rent; not a suit for eviction; lease deed dated 13.06.2008; premises 352 sq. meters; no interference with Trial Court referral order; petition dismissed.

What did the court decide?

On perusal of the suit, the Court found that the suit was for recovery of certain amounts which the petitioner claims to be the arrear rent entitled from the respondent. ¶20

Mohan Agarwal Alias Mohan Agarwala Vs M/S Gtl Infrastucture Ltd. — Arbitration | Gauhati HC (2025)

Page No.# 1/2

GAHC010227852023

2025:GAU-AS:2554

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

¶5

Case No. : CRP(IO)/408/2023

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MOHAN AGARWAL ALIAS MOHAN AGARWALA

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S/O LATE NANDARAM AGARWAL, R/O MAKUMKILLA, P.O.-MARGHERITA, P.S.-MARGHERITA, DIST-TINSUKIA, ASSAM, PIN-786188

¶8

VERSUS

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M/S GTL INFRASTUCTURE LTD

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REPRESENTED BY THE AREA/REGIONAL MANAGER, 3RD FLOOR, MAYUR GARDEN, OPPOSITE RAJIV BHAWAN, ABC, GUWAHATI, PIN-781005, ASSAM

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For the Petitioner(s) : Mr. A. R. Shome, Advocate

¶12

For the Respondent(s) : Mr. R. Sarmah, Advocate

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BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH

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ORDER

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Date : 10.03.2025

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Heard Mr. A. R. Shome, the learned counsel appearing on behalf of the petitioner and Mr. R. Sarmah, the learned counsel appearing on behalf of the respondent.

¶17

This is an application filed under Article 227 of the Constitution challenging the order dated 23.08.2022 passed in Misc. (J) Case

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Page No.# 2/2

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No.12/2022 whereby the application under Section 8 of the Arbitration and Conciliation Act, 1996 was allowed thereby the suit was disposed and the matter was referred to Arbitration.

¶20

This Court has duly perused the suit so filed by the plaintiff and from a perusal of the said suit, it is seen that the said suit is for recovery of certain amounts which the petitioner herein claims to be the arrear rent which the petitioner is entitled from the respondent.

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This Court has also taken note of the lease deed dated 13.06.2008 wherein a premises admeasuring 352 sq. meters was rented out to the respondent herein.

¶22

Taking into account that the suit was not filed for eviction but is a suit only filed for recovery of the amount, this Court finds no reason to interfere with the order dated 23.08.2022 passed by the learned Trial Court in Misc. (J) Case No.12/2022.

¶23

Accordingly, this Court finds no merit in the instant petition for which the same stands dismissed.

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JUDGE

¶25

Comparing Assistant

Mohan Agarwal Alias Mohan Agarwala v. M/S Gtl Infrastucture Ltd.

Case brief

What is this about?

What did the court decide?

Mohan Agarwal Alias Mohan Agarwala v. M/S Gtl Infrastucture Ltd.

Case brief

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What did the court decide?

What the court decided

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