2005 (12) TMI 609

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....bha Jain, Advs. For the Respondents : Jaideep Gupta, Sr. Adv., Radha Rangaswamy, Pradeep Kumar Malik and R. Rahim, Advs. ORDER 1. The Respondent filed a suit for money claim against the Appellant and two other parties before the city civil court in Calcutta. It is the case of the Appellant that goods were supplied to the Respondent under certain invoices which contained an arbitration clause an....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

...., 2003, which had been issued by the Bharat Merchants Chamber. 3. The civil court declined to grant any ad interim relief. An appeal was moved there against by the Respondent in which the appeal court took the view that the application made by the Respondent under Order 39, Rules 1 and 2, Code of Civil Procedure, should be treated as one made under Section 8 of the Arbitration and Conciliation Ac....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....interim relief sought for in the application under Order 39 Rules 1 and 2 was granted, this judgment has been impugned before us. 5. We have extensively heard the learned Counsel for both the sides and at the and of the day we are satisfied that the whole proceedings were started, continued and concluded under misconception of law. In the first place, Section 8 is not intended to restrain arbitra....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....as an application under Order 39 Rules 1 and 2 for whatever it was worth. Once the objection to this application was filed by the Appellant bringing to the notice of the court the existence of an arbitration agreement, thereafter the proceedings could have been continued only within the parameters of Section 8 of the 1996 Act. A proceeding under Section 8 could never result in an order restraining....