(1.) This is an application made by the defendant under the provisions of Section 8 of the Arbitration and Conciliation Act 1996 seeking directions of the Court to refer the matter to the arbitration instead of proceeding with the suit filed by the plaintiff for recovery of sum of Rs. 10,00,000.00 there being arbitration agreement between the parties.
(2.) It is stated in the application that a Memorandum of Understanding was executed between the parties dated 9th January,1998 incorporating various clauses of understanding between the parties about the implementation of the contract and it was further agreed in clause 11 of the Memorandum of Understanding that in the event of any dispute between the parties, the same shall be referred to an arbitration of a single Arbitrator or two Arbitrators. According to the applicant-defendant, the dispute in question as agitated in the plaint being a subject matter of the Arbitrator, the same should be referred to the Arbitrator.
(3.) The defendant while making this application also filed photo copy of the Memorandum of Understanding containing the arbitration clause duly attested by the Notary. The defendant however did not file the original agreement, same having been lost and misplaced and not traced out yet.