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of <h1>Court dismisses arbitration application due to vague clause and missing party, emphasizes clarity and party involvement in proceedings.</h1> <h3>ITC Classic Finance Ltd. Versus Grapco Mining And Co. Ltd. And Ors.</h3> The court dismissed the application under S. 8 of the Arbitration and Conciliation Act, 1996, to refer the plaintiff's claim to arbitration. The court ... - Issues:Application under S. 8 of the Arbitration and Conciliation Act, 1996 for reference of plaintiff's claim to arbitration, Compliance with S. 8(2) regarding annexation of arbitration agreement, Dispute over whether plaintiff's claim can be referred to arbitration, Validity of arbitration clause, Second petitioner's enforcement of arbitration agreement.Analysis:1. The defendants/petitioners filed an application under S. 8 of the Arbitration and Conciliation Act, 1996, seeking reference of the plaintiff's claim to arbitration based on arbitration agreements in lease agreements. The arbitration clauses were identical in the lease agreements signed by the plaintiff and the first petitioner, and the application included annexures of these lease agreements.2. The plaintiff's claim in the suit was against both petitioners for amounts due under the lease agreements. The plaintiff argued that since the claim was not in dispute, it could not be referred to arbitration. Citing relevant case law, the plaintiff contended that the existence of a dispute is essential for arbitration. However, the court noted that the petitioners claimed to have a substantial defense to the plaintiff's claim, indicating a dispute existed.3. The plaintiff further argued that the arbitration clause was uncertain and vague, relying on case law to support this claim. The court examined the language of the arbitration clause and relevant provisions of the Arbitration Act to determine if it could be made certain. The court found the clause vague and uncertain due to the undisclosed identity of the appointing authority.4. Another issue raised was the second petitioner's enforcement of the arbitration agreement since they had not signed the lease agreements. The plaintiff argued that the claim against both petitioners could not be referred to arbitration due to this reason. The court agreed that the second petitioner, being a necessary party, needed to be involved in the arbitration process.5. Considering the arguments and evidence presented, the court dismissed the application of the petitioners, citing reasons related to the uncertainty of the arbitration clause and the necessity of the second petitioner's involvement in the arbitration proceedings. No costs were awarded in this decision.This comprehensive analysis of the judgment highlights the key legal issues addressed by the court in the context of the application for arbitration reference and provides a detailed understanding of the court's reasoning and decision.
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