RANJANA BHASIN Vs. SURENDER SINGH SETHI

JUDGEMENT

(1.) The appellant has filed the present appeal impugning an order dtd. 3/10/2023 (hereafter 'the impugned order') in CS (COMM) No. 345/2022 captioned Surender Singh Sethi vs Ranjana Bhasin & Ors. The appellant, arrayed as defendant no.1 in the said suit, had filed an application under Sec. 8 of the Arbitration and Conciliation Act, 1996 (hereafter "A&C Act") in the said suit praying that the parties be referred to Arbitration.

(2.) The learned Commercial Court had rejected the said application by the impugned order, essentially, on the following two grounds:

(3.) Respondent no.1 instituted the above captioned suit, on 13/4/2022, for rendition of accounts, settlement, recovery of dues along with pendente lite and future interest. The summons in the suit were issued to the appellant and respondent nos.2 to 4 (the defendants in this suit) on 19/5/2022. It is stated that the appellant had refused the said service and, therefore, the summons were deemed to have been served.