INTERIOR INSTALLATION Vs. BOC INDIA LIMITED

JUDGEMENT

(1.) THE petitioner is the defendant in Money Suit No.565/2008 instituted by the plaintiff/opposite party. A petition was filed by the defendant/petitioner under Section 8(1) of the Arbitration and Conciliation Act, 1996 on December 15, 2008. An objection regarding maintainability of the suit in question before the Civil Court was raised therein on the plea that in view of the agreement between the parties, their inter-se disputes and differences ought to be resolved by an arbitrator appointed on mutual agreement.

(2.) THE plaintiff/opposite party instituted the suit on the allegation that the defendant/petitioner had committed breach of contract and was, therefore, liable for damages.

(3.) ACCORDING to him, the learned Judge on the face of such clause committed gross error of jurisdiction in not dismissing the suit and relegating the dispute and difference between the parties to arbitration.