INDUSIND BANK LIMITED Vs. MEHMOOD

JUDGEMENT

(1.) In the present revision petition filed under Article 227 of the Constitution of India challenge has been raised to the order passed by the Learned Additional Civil Judge (Sr. Division), Hathin, District Palwal dtd. 1/2/2021 (Annexure P-7), whereby the application under Order 7 Rule 11 CPC for rejecting the plaint had been dismissed and prayer for referring the matter to arbitration had been declined.

(2.) The challenge has also been made to the order of the Additional District Judge, Palwal dtd. 15/3/2021 (Annexure P-9), whereby the said order had been upheld, though for different reasons.

(3.) Counsel for the petitioner has vehemently argued that the Courts below were not justified to reject the prayer as such of the petitioner to refer the matter to arbitrator, keeping in view Clause 20 of the Agreement with respondent-plaintiff dtd. 1/8/2021 (Annexure P-1) in which he has been shown as co-borrower and third party.