Arbitration case

V.C.Chandan (Querist) 24 January 2013 This query is : Resolved
A civil suit has already been filed for eviction and recovery of arrears of rent. The defendant entered appearance and has filed application to refer the matter for arbitration since the lease deed has a clause in that. He has not yet filed the Written Statement and during the course of transact he has admitted the claim against him. As i know the case can be referred to arbitration as per the clause. But, what exactly i want to know is when the defendant has admitted the claim against him and has undertaken to vacate (NOT SURE WHEN) can we continue the proceedings in the civil court? Are there any recent H.C & S.C citations.

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Devajyoti Barman (Expert) 24 January 2013
Then file petition in the court to pass decree on consent.

Raj Kumar Makkad (Expert) 25 January 2013
There are many citations wherein even if arbitration clause is there but the defendant has opted to reply the suit then there is no need to send the case for arbitration.

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