UNION OF INDIAN Vs. SHYAM DASS

JUDGEMENT

(1.) After having heard learned Counsel for the parties with their assistance having gone through the agreement in question, I am satisfied by alternate disputes redressal method, i.e. arbitration. For the reasons to be recorded in passing the impugned order, thus it is liable to be set aside.

(2.) Faced with this situation, Shri Bawa on behalf of his client submitted that the application under Section 8 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Act), having not been filed in consonance with provisions of said section, particularly Section 8(2), trial Court was justified, in passing the impugned order.

(3.) If this argument of learned senior Counsel is taken to its logical end, and technicality is brought into play for disposing of this petition, it will not only result in failure of justice but will materially prejudice the petitioner besides defeating the purpose of the Act.