1999 (8) TMI 999

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....udhalkar, J. For Appellant/Petitioner/Plaintiff: Sh. Sarjit Singh, Sr. Adv. and Sh. Jagder Singh, Adv. For Respondents/Defendant: Sh. N.S. Boparai, Adv. JUDGMENT S.S. Sudhalkar, J. 1. By the impugned order, learned Additional Civil Judge (Senior Division) Phul stayed the suit filed by the appellants and the matter was ordered to be referred to the Arbitrator for adjudication. Being dissatisfi....

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....itting his first statement on the substance of the dispute, refer the parties to arbitration. (2) The application referred to in sub-section (1) shall not be entertained unless it is accompanied by the original arbitration agreement or a duly certified copy thereof. (3) Notwithstanding that an application has been made under sub-section (1) and that the issue is pending before the judicial aut....

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....fied from the record of the trial Court. Of course, it is also apparent from the record that though are application for referring the matter of the Arbitrator was given earlier, copy of the agreement was produced by the respondents later on. The question now is whether the impugned order should be set aside holding that it did not comply with the provision of sub-section (2) of Section 8 of 1996 A....