FARTHUNISA Vs. K M PURUSHOTHAM

JUDGEMENT

(1.) Heard learned Counsel for the parties finally in respect of the challenge to the order passed by the Court below. The Trial Court dismissed the petition that is filed by the appellant herein by holding that the relief claimed by the appellant is of such a nature that the Court cannot adjudicate upon the same and referring to Section 34 of the Arbitration and Conciliation Act, 1996, the Court below observed that the appellant has failed to make out the relevant provision of law under which the Civil Court can adjudicate upon the relief sought by the appellant.

(2.) Submission of the learned Counsel Sri Kulkarni for the appellant is that the Court below without recording any evidence, has gone on to dismiss the petition filed as not maintainable and therefore the impugned order be set aside and the Trial Court be directed to refer the matter to the arbitration in view of the arbitration agreement entered into between the appellant and the 1st respondent.

(3.) On the other hand, learned Counsel Sri Tharesha for the respondents submits that the appellant has filed one more suit before the Court below claiming more or less the same relief and the said suit is O.S. No. 3079 of 2005 pending in CCH-33 and therefore the appeal be dismissed.