KOHLI BROTHERS Vs. ATLANTIS MULTIPLEX PVT LTD

JUDGEMENT

(1.) THIS appeal is directed against an order dated 6th February, 2007 passed by the learned District judge, Allahabad in Misc. Arbitration Case no. 10 of 2007 rejecting the application under Section 9 of the Arbitration and conciliation Act, 1996 (hereinafter called as 'act, 1996' ).

(2.) UNDER the order impugned learned judge held that there is no valid and lawful arbitration agreement clause in between the parties and therefore, the Court lacks jurisdiction to entertain the petition under Section 9 of the act, and for want of jurisdiction the application is dismissed.

(3.) MR. Prashant Chandra, learned Senior counsel appearing on behalf of the appellant, contended before this Court that the learned Court below failed to appreciate two basic questions. Firstly, the Court lacks inherent jurisdiction to decide the question of validity of the arbitration agreement which is the domain of the Arbitration Tribunal. Secondly, if at all such Court inclines to determine the jurisdiction on the proof of validity of the arbitration agreement, there should be a complete trial including oral evidence. It cannot be decided only on exchange of affidavits. Exchange of affidavits, in the circumstance, is nothing but statements on oath versus oath.