S VENKAT REDDY Vs. M BACHE GOWDA

JUDGEMENT

(1.) HEARD both sides.

(2.) THE respondent herein filed a suit against the petitioner in O. S. No 118 of 2001 on the file of Additional Civil Judge (Junior Division)and Judicial Magistrate First Class, Chintamani for declaration and permanent injunction restraining the petitioner herein from interfering with the possession of the property. When the matter was pending thus, the petitioner herein filed an application under Section 8 of the Arbitration and Conciliation Act, 1996 contending that there is a clause in the agreement to refer the dispute to the Arbitrator. On the basis of it he requested the Court to refer it to the Arbitrator to be nominated as per the agreement. However, the respondent herein contended that no agreement was entered into and it need not be referred to the Arbitrator etc. After hearing to both the parties, the Court has rejected I. A. No. III on 1-9-2001. This order is questioned in this petition.

(3.) THE learned Counsel for the respondent also filed his detailed objections on this petition. The learned Counsel for the petitioner submitted that notwithstanding the denial made by the respondent it is open to the Arbitrator to decide as to whether such agreement was in exisence and whether it can be decided. Therefore, he submitted that the Court has committed an error in dismissing the application filed by the petitioner.