CHINOO SARKAR Vs. VODAFONE ESSAR SPACETEL LTD

JUDGEMENT

(1.) This is a revision petition under Article 227 of the Constitution of India, praying for setting aside the order dated 01.03.2013, of the Court of learned Civil Judge No.3, Kamrup, Guwahati, passed in Title Suit No. 42 of 2012.

(2.) Facts and circumstances of the case is that following an agreement between the petitioner and the respondents, the respondents started the work of installing mobile tower along with its accompanying accessories, equipments including a generator, on the terrace of the building of the petitioner. But, before the work could be completed, differences between the parties cropped up, therefore, the petitioner filed a suit before the learned Civil Judge No.3, Kamrup, praying for injunction to stop further construction for installation of the cellular tower and its accompanying machineries and also praying for removal of all that was constructed and installed and for a decree for realization of the rent already due. The same was registered as Title Suit No. 42 of 2012.

(3.) On receipt of notice the respondent appeared and prayed for time to file written statement. But, after about five months, instead of filing written statement, an application was filed by the respondents/defendants praying for an order to refer the matter to an arbitrator under Section 8 of the Arbitration and Conciliation Act, 1996, claiming that there was an arbitration clause in the agreement signed between them. The application was filed along with a photo copy of the agreement. The petitioner/plaintiff objected the prayer of the respondent on the ground that the provision of clause (2) of Section 8 of the Arbitration and Conciliation Act, 1996, which mandates filing of the original arbitration agreement or duly certified copy of the same was not complied with while filing the application.