WIMCO LTD Vs. VIKRAM SINGH

JUDGEMENT

(1.) This revision has been preferred against the order dated 6-9-2000 passed by Civil Judge (Senior Division), Bijnor recording findings on issue Nos. 3 and 5 against the revisionists.

(2.) The facts giving rise to this revision are as follows : The suit No. 142 of 1996 was filed by the respondent against the revisionists under Ss. 8 and 20 of the Arbitration Act, 1940. The revisionists contested the suit. One of the plea taken was that the suit was filed on 6-9-1999, that the Arbitration and Conciliation Act, 1996 has been enforced from 25-1-1996 and the Indian Arbitration Act, 1940 have been repealed. Therefore, the suit is not maintainable and is liable to be dismissed. On this plea, issue No. 5 was framed. There was another plea raised in the written statement that the Court has no territorial jurisdiction to try the suit. Regarding which Issue No. 3 was framed. The trial Court by the impugned order dated 6-9-2000 decided both the issues against the revisionists. Aggrieved by it, the present revision has been preferred.

(3.) I have heard Sri Vipin Sinha, learned counsel for the revisionists and Sri M. C. Gupta, learned counsel for the respondent.