N NATARAJAN Vs. CENTRAL MANAGER

JUDGEMENT

(1.) Can the non production of the arbitration agreement or copy affect the prayer under Section 8 of the Arbitration and Conciliation Act Is Section 8(2) mandatory in the sense that even innocuous non compliance must entail rejection of the claim under Section 8 These are the questions that arise for consideration.

(2.) The petitioner is the plaintiff in a suit for recovery of money from the respondents - Southern Railway and its officials. The petitioner had entered into an agreement/ contract with the respondents defendants. In that agreement there is an incorporation by reference, of the General Conditions of Contract of the Indian Railways and Clause 64 of the said general conditions contains a stipulation for arbitration. On receipt of the summons in the suit, the respondents entered appearance and filed a written statement dated 09-02-98. In the written statement a plea regarding stipulation for arbitration was raised specifically. In the last para of the written statement the prayers were summerised in the following words:

(3.) It is contended first of all that the written statement had already been filed and in the light of the said written statement filed, the subsequent application filed under Section 8 is not maintainable as Section 8(1) mandates that application must be filed "not later than when submitting his first statement on the substance of the dispute". It is hence contended that I.A.1552/98 was belated and should not have been entertained.