RAMA GOURI R. DAVE Vs. SUDHIR KUMAR ROY

JUDGEMENT

(1.) As the fate of the above application for leave to enter appearance and to file the Written Statement (G. A. No. 1310 of 2006) would, in my opinion, primarily depend on the decision on the application under Sec. 8of the Arbitration and Conciliation Act, 1996, I would deal with the merits of the application under Sec. 8 of the said act, 1996 first and then, if necessary, I would deal with the merits of the other application of the Defendant/Petitioner for leave to enter appearance and to file the Written Statement in this judgment one after the other.

(2.) The Defendant/Petitioner has made the above application under the provisions of Sec. 8 of the Arbitration and Conciliation Act, 1996 being G. A. No. 1310 of 2006 "primarily seeking a declaration" that there exists a valid arbitration agreement between the Petitioner and the Respondent and disputes between the parties "should be referred to arbitration". In aid of the above declaration, the Petitioner has also sought for stay of all further proceedings in the suit, namely, Civil Suit No. 63 of 2005. The Petitioner herein is the Defendant in the said suit and the Respondent is the Plaintiff.

(3.) Before considering the merits of the above application, it should, however, be pointed out very briefly that on or about 21 March 2005, the Plaintiff instituted the above suit essentially claiming a decree for Rs. 13,53,008/ - and interest on the said sum. There is no dispute that after institution of the said suit, the Writ of Summons was duly served upon the Defendant, namely the Petitioner herein, but in spite of service of Writ of Summons upon the Defendant, the Defendant/Petitioner did not enter appearance to contest the above suit.