PROMA INDUSTRIES LTD. Vs. GIRNAR FIBERS LTD.

JUDGEMENT

(1.) The present civil revision petition has been filed being aggrieved of the order dtd. 10/9/2014 passed by Civil Judge, Junior Division, Ludhiana [hereinafter referred to as ‘lower Court'], dismissing the application filed under Sec. 8 of the Arbitration and Conciliation Act, 1996 [for brevity 'the Act'].

(2.) The facts in brief are that the petitioners and the respondent entered into an agreement dtd. 11/1/2009. In the agreement, there was an arbitration clause and same is quoted below:-

(3.) On the basis of the said clause, the petitioners moved an application under Sec. 8 of the Act. On notice, the respondent filed reply to the application raising various objections. The lower Court dismissed the application on the ground that Sec. 8(2) of the Act was not complied with as the petitioner had not attached the original or certified copy of the agreement. Aggrieved of the said order, the present civil revision petition has been filed.