DABUR INDIA LTD Vs. SHREEKRISHNA

JUDGEMENT

(1.) BEING aggrieved by the order dated 17-1-2005 passed by Second Additional District Judge, Alirajpur in Civil Suit No. 2b/2004, whereby the application filed by the petitioner under Section 8 (1) of the Arbitration and Conciliation Act, 1996 which shall be referred hereinafter as Act of 1996 was dismissed, the present petition has been filed.

(2.) SHORT facts of the case are that respondents filed the suit for relaxation of Rs. 80,000. 00 alongwith interest on 23rd of August, 2004, wherein it was alleged that respondents entered into an agreement dated 15-2-1995 whereby the petitioner was appointed as Stockiest. It is further alleged that since there was a dispute, therefore suit for realisation of above amount was filed. During pendency of the suit, petitioner moved an application (Annexure A-2) under Section 8 (1) of the Arbtiration and Conciliation Act, 1996, wherein it is alleged that there was a clause of arbitration in the agreement itself, therefore, it was prayed that the matter be referred to the Arbtiration Tribunal.

(3.) LEARNED Counsel for the respondent submits that the application filed by the respondents was opposed on the ground that no agreement has taken place as the agreement was not containing the signature of the respondent. After accepting the contention raised by the respondents, the application filed by the petitioner was rejected.