VASUDEV C WADHWA Vs. MUKTABENB KHAKHRE

JUDGEMENT

(1.) - In this Appeal, on behalf the respondents, a preliminary point as to maitainability of the Appeal has been taken and we are of opinion that we must dispose of the preliminary point at the outset, since, in our opinion, it has to be negatived by reason of a clear decision of the Supreme Court on the very point. In order to appreciate the preliminary point and the observations of the Supreme Court, a few relevant facts may be stated.

(2.) ARBITRATION Suit No. 2921 of 1985 was instituted by the plaintiffs under Section 20 of the ARBITRATION Act, 1940, and the plaintiffs sought an order for filing the arbitration agreement between the parties cobtained in clause 20 of the Agreement dated 12th September, 1981. The plaintiffs also claimed further orders including one for reference to a Sole Arbitrator. The plaintiffs also filed ARBITRATION Petition No. 136 of 1985 for interim reliefs. By a common judgment and order dated 2nd May, 1986, a Single Judge of this Court made an order in terms of prayer (a) of the Plaint in the suit but with no order as to costs. Thereafter, the parties agreed to refer the dispute to the sole arbitration of a senior counsel of this Court. It was, however, made clear that this was being done without prejudice to the contention of the defendants that there was no binding arbitration agreement or that the same was invalid or could not be ordered to be filed by reason of several contentions which will have to be gone into in this Appeal as well as the companion Appeals. The Single Judge thereafter in paragraph 8 of his judgment considered the application for interim relief (made in ARBITRATION Petition No. 136 of 1985) and we find that on certain considerations very limited interim relief was granted. Aggrieved by the order giving such limited interim relief and, therefore, denying the substantial interim relief sought for. the original plaintiffs have preferred this Appeal. Appeals have also been filed by the defendants to the suit but the preliminary point arises for cosideration in the first Appeal only.

(3.) SECTION 18 of the Arbitration Act reads as under : -