ARUNA OSWAL Vs. GEN Y COMMODITIES PRIVATE LIMITED

JUDGEMENT

(1.) The applications of the defendant No.1 under Order VII Rules 10 & 11 of the Code of Civil Procedure, 1908 (CPC) and under Section 8 of the Arbitration and Conciliation Act , 1996 (Arbitration Act ), in both the suits are for consideration.

(2.) I have requested the senior counsel for the defendant No.1 to address first on the applications under Section 8 of the Arbitration Act, being of the view that if the parties are referred to arbitration, the need to consider the applications under Order VII Rules 10&11 of the CPC, would not arise. However, the senior counsel for the defendant No.1 contends that if this Court does not have territorial jurisdiction to entertain the suit, an order under Section 8 of the Arbitration Act referring the parties to arbitration can also be not made and the plaint has to be rejected/returned for filing in the appropriate Court and as and when filed, it will be open to the defendant No.1 to take up the plea of Section 8 of the Arbitration Act.

(3.) Without testing the merits of the aforesaid contention, the senior counsel for the defendant No.1 has been heard on the applications under Order VII Rules 10 & 11 of the CPC.