METRO OFFSET PRINTERS Vs. SYNDICATE BANK

JUDGEMENT

(1.) JUDGMENT

(2.) THIS application is filed by respondent No. 2 under Section 34 of the Arbitration Act contending therein that in view of Clause No. 35 of agreement between the parties the claims made in the suit will have to be referred to an arbitration and the present suit in the ordinary civil Court is not tenable in law.

(3.) AS against this, it is submitted by learned Counsel for the defendants that he has appeared before the Court on 20.8.1991 and on the subsequent date on account of getting instructions from his client who was in Bhopal and that he had not received full instructions or documents from his client. Therefore, in these circumstances, on his appearance in the suit time is granted for filing the written statement The same has been granted by the Deputy Registrar.Therefore, it could not be said that there was any conduct on the part of defendant No. I amounting to taking steps in the proceeding.