TATA INDICOM LIMITED Vs. RAMESH CHHABRA & OTHERS

JUDGEMENT

(1.) DEFENDANT No. 1 -Tata Indicom Limited has approached this Court by way of instant revision petition filed under Article 227 of the Constitution of India assailing order dated 22.09.2011 Annexure P -6 passed by the trial Court thereby dismissing application Annexure P -4 moved by defendants No. 1 and 3 under Section 8 of the Arbitration and Conciliation Act, 1996 (in short, the 'Act'). Respondent No. 1 -plaintiff has filed suit against defendant No. 1 -petitioner and against proforma respondent No. 2 to 4 as defendants No. 2 to 4 vide plaint Annexure P -3 seeking mandatory injunction directing the defendants to pay Rs. 1,29,000/ - to the plaintiff and also seeking mandatory injunction directing the defendants to restore the distributorship of the plaintiff.

(2.) DEFENDANTS No. 1 and 3 in their application Annexure P -4 alleged that the dispute raised in the suit is covered by arbitration clause 27 contained in agreement dated 13.09.2008 Annexure P -1 entered into between plaintiff and defendant No. 1 and therefore, the dispute is required to be referred to Arbitrator. The plaintiff by filing reply Annexure P -5 opposed the aforesaid application. However, agreement Annexure P -1 was admitted by the plaintiff. It was alleged that Arbitration clause is not binding on the plaintiff.

(3.) I have heard learned counsel for the parties and perused the case file.