SPML INFRA LTD. Vs. TRISQUARE SWITCHGEARS PVT. LTD.

JUDGEMENT

(1.) The appellant has filed the present appeal impugning an order dtd. 28/3/2022 (hereinafter "the impugned order") passed by the learned Commercial Court rejecting the appellant's application filed under Sec. 8 of the Arbitration and Conciliation Act, 1996 (hereinafter "the A&C Act"). The learned Commercial Court had declined to refer the parties to arbitration on the ground that the appellant had filed the said application after the statutory period to file the written statement had expired and the appellant's right to do so was closed. In addition, the learned Commercial Court also observed that the proceedings indicated the appellant's intention to participate in the same.

(2.) It is the appellant's case that it had no intention to participate in the proceedings before the learned Commercial Court or to waive its right to refer the subject disputes to arbitration.

(3.) The principal question that is required to be addressed is whether a party forfeits its right to file an application under Sec. 8 of the A&C Act on expiry of time to file the written statement of its defence.