CHADHA MOTOR TRANSPORT CO Vs. BHARAT GLASS CO

JUDGEMENT

(1.) THIS petition is directed against the order passed on the 16th November, 1971, by Shri B.K. Agnihotri, Sub Judge First Class, Delhi, by which on accepting the application preferred under section 28 of the Arbitration Act (hereafter called "the Act"), the time for filing the Award was extended till the 16th of December, 1971. It is contended that the Court of Shri B.K. Agnihotri had no jurisdiction to entertain the application.

(2.) THE circumstances which require to be noticed are that a suit was filed on 21st July, 1965, by the respondents for the recovery of Rs. 5,000.00 against the present petitioners. THE Senior sub-Judge assigned the suit for trial to the court of Shri V.P. Bhatnagar, Sub-Judge First class, Delhi. THE petitioners made an application under section 34 of the Act before the sub- Judge and after hearing the parties, he passed an order on 19th December, 1966 staying the suit directing that the file be consigned to the record. THE parties thereafter made reference to arbitration outside the court.