ARTI JETHANI Vs. DAEHSAN TRADING INDIA PVT LTD

JUDGEMENT

(1.) This is a petition under Section 8 of Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Act) for referring the disputes raised by the plaintiff for arbitration, in terms of the arbitration agreement between the parties.

(2.) A perusal of the record would show that on suit summons being served on them, the defendants appeared through counsel on 04th January, 2011 and it was directed that the written statement be filed within the prescribed period. The matter was adjourned to 02nd May, 2011. The written statement was filed on 25th January, 2011.

(3.) A careful analysis of Section 8 of Arbitration and Conciliation Act, 1996 would show that the following conditions are required to be fulfilled before the Court can refer the matter to arbitration;