HIND MOTORS (INDIA) LTD Vs. RAJ KUMAR ARORA

JUDGEMENT

(1.) CHALLENGE in this revision petition is to an order, dated 21.4.2006, whereby the learned Additional Civil Judge (Senior Division), Ropar has dismissed an application, filed under Section 8 of the Arbitration and Conciliation Act, 1996 for short herein after referred to as "the Act").

(2.) I have heard counsel for the parties and perused the impugned order.

(3.) OTHER aspects of the matter that escaped the trial Courts's notice were the need to reconcile the recitals in Clauses 4 and 9 of the agreement to sell. The former clause directs parties to approach a civil Court, whereas the latter requires parties to refer all disputes to an arbitrator. It would also be necessary to mention here, and as asserted by counsel for the respondents that their objections, in reply to the application, filed under Section 8 of the Act, as to the absence of the attested copy of the agreement to sell or the original thereof, the absence of any dispute and various other assertions, were not considered by the trial Court.