RELIANCE INDUSTRIES LIMITED Vs. USHA DEVI

JUDGEMENT

(1.) THIS civil revision petition has been filed against the fair and decretal order, dated 12.5.2009, made in I.A.No.671 of 2008, in O.S.No.295 of 2008, on the file of the Additional District Court, (Fast Track Court, No.III), Dharapuram.

(2.) THE petitioners in the civil revision petition are the defendants in the suit, in O.S.No.295 of 2008. THE respondent had filed the suit, in O.S.No.295 of 2008, on the file of the Additional District Court (Fast Track Court No.III), Dharapuram, praying for a decree a) to direct the defendants to pay to the plaintiff a sum of Rs.10,00,000/- (Rupees ten lakhs), towards refund of security deposit, with 12% interest per annum, from the date of the suit, till the date of the payment of the said amount b) to direct the defendants to pay to the plaintiff a sum of Rs.20,921/- (Twenty thousand nine hundred and twenty one) towards balance of stock amount, with 12% interest per annum, from the date of the suit, till the date of the payment c) to direct the defendants to pay to the plaintiff a sum of Rs.3,92,432/- (Three Lakhs ninety two thousand four hundred and thirty two only) towards Return on Investment Support and d) to direct the defendants to pay to the plaintiff a sum of Rs.3,00,000/- (Rupees Three Lakhs) being the sign up fee, with 12% interest per annum, from the date of the suit, till the date of such payment and for costs.

(3.) THE trial Court, without deciding the application filed by the petitioners, under Section 8 of the Arbitration and Conciliation Act, 1996, had chosen to pass orders, in I.A.No.671 of 2008, arbitrarily, exceeding its jurisdiction. THE petitioners had not filed their counter in the interlocutory application, in I.A.No.671 of 2008, nor did they file the written statement, in O.S.No.295 of 2008, before the trial Court, as they did not want to state their defence and to subject themselves to the jurisdiction of the said Court.