ANURADHA SHASTRI Vs. RELIGARE SECURITIES LTD.

JUDGEMENT

(1.) The challenge by means of this petition under Article 227 of the Constitution of India is to the impugned order of the court below dated 13.10.2011 by which the trial court reviewed its earlier judgment dated 20.4.2011, by which the application under Section 8 of the Arbitration and Conciliation Act, 1996 of the petitioner/defendant was allowed. Therefore, the effect of the impugned order is that the Section 8 application stands dismissed.

(2.) The judgment dated 20.4.2011 shows that the Member-Client- Agreement which was entered into between the parties is admitted and Clauses 14 and 18 of that agreement provides for resolution of disputes through arbitration. This aspect is stated in para 4 of the judgment dated 20.4.2011 and the same reads as under:-

(3.) This judgment directing the parties to resolve their disputes through arbitration was reviewed and the application under Section 8 of the Act was dismissed in terms of the following observations in the order dated 13.10.2011:-