SHREE CEMENT LIMITED Vs. TREHAN FARMS PVT. LTD.

JUDGEMENT

(1.) Allowed, subject to just exceptions.

(2.) The application is disposed of. RFA 365/2016 & CM No.20393/2016 (for stay)

(3.) This first appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC) impugns a judgment and decree dated 15th January, 2016 of the Court of the Additional District Judge (ADJ) -03, Patiala House Courts, New Delhi of dismissal of CS No.49/2016 for recovery of Rs.1,94,28,493/ - in limine (without issuing summons to the respondent/defendant) consequent to rejection of plaint under Order VII Rule 11 of the CPC on the ground of the relief claimed therein being barred by law i.e. the Arbitration and Conciliation Act, 1996.