SESA STERLITE LIMITED Vs. BLR LOGISTIKS (I) LTD.

JUDGEMENT

(1.) ADMIT . By the consent of the learned counsel for the parties heard forthwith.

(2.) THE revisionary jurisdiction of this court is invoked against the order dated 31/07/2014 passed by the learned Judge, City Civil Court, Mumbai by which order the Notice of Motion filed by the Petitioner/Defendant for referring the parties to arbitration by invoking Section 8 of the Arbitration and Conciliation Act, 1996 came to be rejected. The facts giving rise to filing of the above Civil Revision Application in brief can be stated thus :

(3.) AFTER the said notice was addressed by the Respondent, the suit in question being S.C. Suit No. 3183 of 2013 came to be filed wherein the Respondent/Plaintiff claimed the amount of more than Rs. Twenty Three lacs from the Petitioner/Defendant. It appears that the suit was adjourned from time to time for filing of the Written Statement by the Petitioner/Defendant. However, in view of the final opportunity given to the Petitioner/Defendant, that the Written Statement it seems came to be filed on 07/01/2014. It seems that on the same day, the instant Notice of Motion was also sought to be tendered/filed in the Court. However, since the procedure requires that the leave is required to be granted for registration of the Motion, after following the said gamut of procedure, the instant Notice of Motion came to be actually taken on board on 10/04/2014. At this stage, it is required to be noted that the affidavit in support of the Notice of Motion has been sworn on 27/11/2013. The said fact lends credence to the case of the Defendant that the Notice of Motion was also tendered on the same day as the Written Statement. The Written Statement has been affirmed on 06/01/2014 i.e. after the affidavit in support of the Notice of Motion was affirmed on behalf of the Petitioner/Defendant. As indicated above the above Notice of Motion has been filed for referring the parties to arbitration in view of Clause (O) of the said agreement dated 01/10/2010. To the said Notice of Motion a copy of the said agreement dated 01/10/2010 was annexed. In so far as the Written Statement is concerned, it is required to be noted that in the Written Statement also a preliminary objection as regards the maintainability of the suit has been raised vide paragraphs 8 and 9 of the said Written Statement.