SAVITA SAPRU Vs. AMARJEET SINGH JUNEJA

JUDGEMENT

(1.) This petition under Section 115 of the Code of Civil Procedure challenges the Order dated 23rd July, 2001 passed by the Additional Districit Judge, Delhi (hereinafter referred to as the `ADJ and the Trial Court') in Suit No.297/99 titled Amerjeet Singh Juneja Vs Smt. Savita Sapru & Anr. dismissing the petitioners/defendants' application under Order VII Rule 11(d) CPC read with Sections 5 & 8 of the Arbitration & Conciliation Act, 1996(hereinafter referred to as the `1996 Act') for staying the respondent's suit.

(2.) The relevant Section 8(1) of the 1996 Act reads as follows:- 8(1). The judicial authority before which an action is brought in a matter which is the subject of an arbitration agreement shall, if a party so applies not later than when submitting his first statement on the substance of the dispute, refer the parties to arbitration.

(3.) The respondent filed a suit for specific performance of the Agreement dated 23rd January, 1998 said to be instituted on 28th April, 1999. The relevant Clause 10 of the Agreement relied upon by the petitioners/defendants reads as follows: