1 89 wp.4203.11 ndm FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE JURISDICTION WRIT PETITION NO. 4203 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s orders Mr. Sahil Mahajan for the Petitioner. Mr. D.B.Sawant for the Respondent. CORAM : A.S.OKA, J. DATE : 05 th December, 2011. P.C. . Heard the learned counsel appearing for the Petitioner and the learned counsel appearing for the Respondent. 2 The Petitioner is the original Defendant and the Respondent is the original Plaintiff. An application was made by the Petitioner before the trial Court for recasting the issues. The contentions raised by the Petitioner in the said application were that the provisions of the Maharashtra Rent Control Act, 1999 are not applicable and therefore, the Court of Small Causes has no jurisdiction to entertain the suit. The second contention was that there was an arbitration 2 89 wp.4203.11 clause in the agreement relied upon by the Respondent. By the impugned order, the trial Court declined to recast the issues. A Revision application was preferred by the Petitioner against the said order which has been dismissed. 3 After having heard the learned counsel appearing for the Petitioner, I find that no case for interference is made out in this petition under Article 227 of the Constitution of India. The Respondent has invoked the provisions of the said Act 1999. If it is established that the provisions of the said Act of 1999 are not applicable, the suit is bound to be dismissed. In fact, the issue of maintainability of the suit has been already framed which covers the contentions of the Petitioner regarding applicability of the said Act of 1999 and the effect of the arbitration clause. As far as the agreement executed by the Respondent is concerned, the issue of admissibility thereof always remains open which can be always considered by the trial Court when the agreement is sought to be tendered in evidence. Section 9-A of the Code of Civil Procedure, 1908 has no application as there is no interim application pending. 3 89 wp.4203.11 4 Subject to what is observed above, the writ petition is rejected. [ A.S.OKA, J ]