SHOBIT CONSTRUCTION Vs. T K INTERNATIONAL LTD

JUDGEMENT

(1.) The order will dispose of OMPs No. 32 and 57 of 2004 in Civil Suit No. 52 of 2003 and OMPs No. 12 and 56 of 2004 in Civil Suit No. 51 of 2003 as parties in both the suits are same and one of the questions raised is same in both the suits.

(2.) O.M.P. No. 32 of 2004 is filed by the defendant under Section 8 of the Arbitration and Conciliation Act, 1996 for reierring the dispute raised in Civil Suit No. 52 of 2003 to the Arbitration. By OMP No. 57 of 2004 in Civil Suit No. 52 of 2003 and 58 of 2004 in Civil Suit No. 51 of 2003 under Order 8, Rule 1 of the Code, the plaintiffs pray for closing the defence of the defendant for having failed to file the written statement within the time limited under Order 8, Rule 1 of the Code of Civil Procedure. OMP No. 12 of 2004 (Civil Suit No. 51 of 2003) is filed by the defendant for rejection of the plaint.

(3.) Plaintiff in Civil Suit No. 52 of 2003 is M/s. Shoblt Construction and another and in Civil Suit No. 51 of 2003 is Shobit Fabricator and another. The defendant is the same in both the suits.