BOC INDIA LTD Vs. INSTANT SALES PVT LTD

JUDGEMENT

(1.) This application under Article 227 of the Constitution of India is directed against an order being No. 29 dated 22nd January, 2007 passed by the learned Civil Judge, Senior Division, 6th Court at Alipore, in Money Suit No. 44 of 2004 at the instance of the defendant/petitioner.

(2.) The plaintiff/opposite party filed a suit for realisation of money by claiming certain rights on the basis of an agreement entered into between the parties on 4th January, 2002. Admittedly, the said agreement contains an arbitration clause.

(3.) Knowing fully well about the said arbitration clause, the defendant/ petitioner filed his written statement in the said suit and thereby submitted itself to the jurisdiction of the Civil Court by waiving its right to get the dispute settled through arbitration. After commencement of recording of evidence in the suit, the defendant/petitioner filed an application under Section 89 of the Civil Procedure Code for referring the dispute to arbitration. Such an application was filed by the defendant/petitioner as the P.W. 1, being the constituted attorney of the plaintiff/opposite party stated in his cross examination that the plaintiff was ready to settle the dispute as per the said arbitration clause.