ESCORTS FINANCE LIMITED Vs. SANDEEP GOYAL

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) BY means of this writ petition, the petitioner has sought writ in the nature of certiorari quashing the order dated 20th June 2006, passed in Civil Suit No. 27 of 2004, by learned Civil Judge (Senior Division), Pauri Garhwal, rejecting the application 72 -C, moved by the defendant (present petitioner).

(3.) BRIEF facts of the case are that the plaintiffs (present respondents) instituted aforesaid civil suit before the trial Court for injunction against the defendant/petitioner, restraining them from interfering in the possession of machines purchased by them, from the defendant. It appears that temporary injunction application was moved in the Suit and the trial court granted temporary injunction in favour of the plaintiff/respondents. Aggrieved by said order, the defendant filed in the earlier round of litigation Appeal from Order No. 478 of 2004. The said Appeal from Order was decided on 7th July 2005, affirming the application for temporary injunction. Meanwhile, the defendant/petitioner had moved application i.e. application under Section 5 read with Section 8(1) of the Arbitration and Conciliation Act, 1996, in March 2005, praying that the suit be dismissed, as the dispute between the parties is cognizable by the Arbitrator under the Arbitration Clause entered into between the parties. Said application was heard on merits by the trial court, which rejected the application on the ground that while deciding the application for temporary injunction, the defendant/petitioner had not raised the plea that the dispute was cognizable by the Arbitrator under the Arbitration clause. Hence, this writ petition is filed before this Court.