1999 (8) TMI 999

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....-<br>Indian Laws<br>MR. S.S. Sudhalkar, 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 Arbit....

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....party so applies not later than when submitting 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....

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....at is a Ex. P1 on the record. This fact is also verified 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....

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....record by the defendant in the given case. Similarity, in this case also a copy of the arbitration agreement Ex. P1 has been produced on record by the plaintiffs themselves and the application for referring the matter to the Arbitrator was filed by respondent defendant. This being the position the appellants cannot be allowed to raise this technical plea of non-compliance of provision of sub-secti....