PLAZA GARMENTS Vs. TEXTILE APPARELS

JUDGEMENT

(1.) . This is an application under Order 7 Rule 11 CPC on behalf of respondent no.1 seeking rejection of the petition under Section 9 of the Arbitration Act, 1996 on the ground that unless and until arbitration clause is invoked, the application under Section 9 is not maintainable. Provisions of Order 7 Rule 11 strictly pertain to the suits where the plaints are filed. The plaint can be rejected if it does not disclose a cause of action or where the relief claimed is properly valued but the plaint is wrong insufficiently stamped or the suit is barred by any law.

(2.) . By no stretch of imagination the application under Section 9f of the Act can be placed at the pedestal of a suit or even substantive proceedings and as such the provisions of Order 7 Rule 11 CPC are not at all applicable.

(3.) . Moreover the objection raised in the application as to its maintainability, is also of no substance as according to the respondent without giving notice to the respondent the petitioner cannot approach directly under Section 9 of the Arbitration Act for seeking interim relief or directions.