MONPORTE IMPEX PRIVATE LIMITED Vs. HARVEEN BALI

JUDGEMENT

(1.) LA. No. 10564/98 in S. No. 968/97 : This is an application under Section 8 of the Arbitration and Conciliation Act, 1996 praying for the stay of the proceedings and referring the matter to arbitration.

(2.) The suit is for the recovery of Rs. 38,20,184.00. Learned Counsel for the plaintiff has relied on Hindustan Copper Ltd., Jhunjhunu v. Assam Bearing Agencies, AIR 1980 Delhi 238 in which a learned Single Judge of this Court, after duly considering of the previous decisions on the subject, held that if the applicant was neglected to spell out in detail the claims which in its contention, had arisen between the parties recourse could not be had to the Arbitration Clause. The learned Single Judge relied on the decision of the Supreme Court in Union of India v. Birla Cotton Spinning and Weaving Ltd., AIR 1967 SC 688, in which it was observed:

(3.) Faced with this precedent learned Counsel for the applicant submits that these decisions had been rendered in the context of the Arbitration Act, 1940, and would not be relevant since the present application has been preferred under Section 8 of the Arbitration and Conciliation Act, 1996. It is no longer res integra that the provisions of Section 8 of the 1996 Act are pari materia to the provisions contained under Section 34 of the 1940 Act. The decision cited before me applies to the present case on all fours. Accordingly, the application is dismissed with costs of Rs. 2,000.00 S. No. 968/97: