KRISHAN KUMAR GOEL Vs. NATIONAL INSTITUTE OF TECHNOLOGY

JUDGEMENT

(1.) BY invoking the jurisdiction of this Court under Article 227 of the Constitution of India, legality and validity of the order dated 16.4.2007 passed by the Civil Judge (Senior Division), Kurukshetra, has been challenged.

(2.) IN a suit for declaration filed by the petitioner, the consequential relief of permanent injunction has also been sought. The respondents filed an application allegedly under Order 7 Rule 11, of the Code of Civil Procedure, seeking rejection of the plaint on the plea that there exists an Arbitration Agreement between the parties and the matter needs to be referred to and adjudicated upon by the Arbitrator in accordance with the Arbitration Agreement.

(3.) I have perused the impugned order and heard learned counsel for the parties. The impugned order is totally misconceived and based upon misconstruction and mis-interpretation of the provisions of the Code of Civil Procedure as also the Arbitration and Conciliation Act.