https://www.taxtmi.com/caselaws?id=282307 Where the existence of an arbitration agreement is admitted and a timely Section 8 application is made, the civil court must refer the parties to arbitration; the tribunal, not the civil court, decides whether the dispute falls within the arbitration clause under Section 16. Refusal to make the reference in such circumstances is a jurisdictional error and a failure to exercise jurisdiction. The revisional court may interfere under Section 115 CPC where that refusal, if corrected, would terminate the suit. The order declining reference was therefore set aside and the parties were directed to proceed to arbitration. en-us Mon, 26 Mar 2007 00:00:00 +0530 Thu, 01 Aug 2019 17:12:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=282307 Where the existence of an arbitration agreement is admitted and a timely Section 8 application is made, the civil court must refer the parties to arbitration; the tribunal, not the civil court, decides whether the dispute falls within the arbitration clause under Section 16. Refusal to make the reference in such circumstances is a jurisdictional error and a failure to exercise jurisdiction. The revisional court may interfere under Section 115 CPC where that refusal, if corrected, would terminate the suit. The order declining reference was therefore set aside and the parties were directed to proceed to arbitration. Case-Laws Indian Laws Mon, 26 Mar 2007 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=282307