MERCURY EXPORTS Vs. CLC TANNERS ASSOCIATION

JUDGEMENT

(1.) By consent of the par-ties, the appeal itself is taken up for hearing, treating the same as on day's list, dispensing with all formalities and disposed of by the following order, as we feel that a matter of this nature is not required to be heard ob-serving all formalities.

(2.) This appeal is against the order passed by the learned trial Judge dismissing the ap-plication under S. 9 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Act), on the ground that the same is not maintainable because original agreement, as required under S. 8(2) of the Act has not been furnished.

(3.) Upon hearing the learned counsels for the parties and upon reading the impugned order, we are of the view that the learned trial Judge perhaps has equated the provisions of S.8 with S. 9 of the said Act.