RELIANCE COMMUNICATIONS INFRASTRUCTURE LTD. Vs. RAJESH CHAWLA

JUDGEMENT

(1.) Defendants have filed instant revision petition under Article 227 of the Constitution of India impugning order dated 25.11.2008 passed by learned Civil Judge (Junior Division) Rohtak, thereby dismissing defendants' application filed under Section 8 of the Arbitration & Conciliation Act, 1996 (in short, the Act) for referring the dispute between the parties involved in the suit, to arbitration.

(2.) Plaintiff-respondent Rajesh Chawla filed suit against the defendants claiming various reliefs on the basis of two distributor agreements dated 10.3.2006 Annexure P/1 executed by defendant No. 1 and plaintiff and agreement dated 25.6.2007, Annexure P/4 executed by defendant No. 3 with the plaintiff. Defendant Nos. 1 and 3 executed the said agreements through defendant No. 2.

(3.) The defendants in their application under Section 8 of the Act pleaded that as per clause 10 of both the agreements dated 10.3.2006 and 25.6.2007, the dispute between the parties raised in the suit by the plaintiff is required to be referred to arbitration because the agreements contain arbitration clause.