VINEET AGGARWAL Vs. BRIJBALA AND ANR

JUDGEMENT

(1.) This revision petition under Article 227 of the Constitution of India, is directed against the order dated 27.2.2010 (Annexure P-7), vide which the application moved by the petitioner under Section 20 of the Code of Civil Procedure for return of the plaint, has been dismissed.

(2.) The plaintiff/respondent, filed a suit for recovery against defendant No. 1 and Vineet Aggarwal, Managing Director, Acumen Securities Ltd., for recovery of a sum of Rs. 5,17,651.50 (Rupees five lac seventeen thousand six hundred fifty one and fifty paise). It was pleaded by the plaintiff in the plaint, that the plaintiff was dealing with defendant No. 1 in the business of shares under the name and style of "Tribhuvan Investment". It was the case of the plaintiff/respondent, that defendant No. 1 was an authorised agent of defendant No. 2 and defendant No. 1 did all the acts in dealing with the shares on behalf of defendant No. 2. In para No. 3 allegations were made against defendant No. 1, with regard to embezzlement of the funds, which were claimed to be due to the plaintiff/respondent. The plaintiff claimed that the cause of action had accrued to her when the accounts were settled between the parties and amount was found due.

(3.) On notice the defendant/petitioner appeared and filed written statement. Initially, the petitioner herein moved an application for stay of the suit, by claiming that there was an arbitration agreement between the parties and the suit, therefore, could not proceed. The application was dismissed.