INDIA LEASE DEVELOPMENT LIMITED Vs. THIMMAKKA

JUDGEMENT

(1.) HEARD the learned counsel for the petitioners.

(2.) THIS is defendants revision under S. 115 of the C. P. C. On their appearance, the defendants filed LA. 2 under S. 8 of the Arbitration and Conciliation Act, 1996 (in short the Act) requesting the Court for referring the parties to arbitration. Admittedly the defendants have not filed their written statements so far, According to the Court below, the defendants had not filed the original arbitration agreement or the certified copy thereof along with LA. 2. By the impugned order, the Court below has rejected the LA. to two grounds. Firstly, for the reason that no application under S. 8 of the act is entertainable unless the defendants file their first statement on the substance of the dispute. Secondly that as required under sub-sec. (2) of S. 8, neither the original arbitration agreement nor a. duly certified copy thereof has been filed with the application.

(3.) SO far as the first ground is concerned, it is appropriate to reproduce sub-sec. (1) of s. 8 of the Act, which reads as under :