Arbitration reference cannot be refused for non-production of the original agreement when the arbitration clause is admitted.

An application under section 8 of the Arbitration and Conciliation Act, 1996 cannot be rejected merely because the original arbitration agreement or a certified copy was not filed when the existence of the arbitration clause is admitted and the document is in the opposite party's possession. The Company Law Board's refusal on that ground was legally unsustainable because the application was not considered on merits. The rejection was set aside and the matter remanded for reconsideration on merits.

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Issues: Whether the Company Law Board was justified in rejecting the application under section 8 of the Arbitration and Conciliation Act, 1996 on the ground that the original agreement or a certified copy had not been filed, despite the existence of an arbitration agreement not being disputed.

Analysis: The application was not examined on merits by the Company Law Board and was rejected only because the original agreement dated 7 May 1998 or its certified copy had not been produced. The existence of the agreement containing the arbitration clause was not disputed. Where the arbitration agreement is admitted and the original is in the possession of the opposite party, non-production by the applicant does not justify rejection of the request for reference to arbitration. The defect relied upon by the Company Law Board was therefore legally unsustainable.

Conclusion: The rejection of the section 8 application was unjustified and is set aside. The matter is remanded to the Company Law Board for reconsideration on merits.

Ratio Decidendi: An application seeking reference to arbitration cannot be rejected for non-production of the original agreement when the existence of the arbitration agreement is not disputed and the document is in the possession of the opposite party.

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