PHOOL SINGH Vs. MOHAN LAL

JUDGEMENT

(1.) THE present revision petition has been filed by the petitioner -defendant under Sec. 115 of C.P.C. challenging the order dt. 30.9.13 passed by the Addl. Civil Judge (SD) & Addl. Chief Metropolitan Magistrate No. 7, Jaipur Metropolitan (hereinafter referred to as 'the trial court') in Civil Suit No. 28/13, whereby the trial Court has dismissed the application of the petitioner -defendant filed under Sec. 8 of the Arbitration & Conciliation Act, 1996 (hereinafter referred to as 'the said Act'). The respondents -plaintiffs have filed the suit seeking specific performance of the agreement dt. 30.5.85 allegedly executed by the petitioner in favour of Smt. Kishni Devi, mother of the respondent Nos. 1, 2 and 3, and for permanent injunction in respect of the suit property. In the said suit, the petitioner -defendant submitted an application under Sec. 8 of the said Act for referring the dispute to the Arbitrator. The said application has been rejected by the trial Court vide the impugned order.

(2.) IT is sought to be submitted by the learned counsel for the petitioner that as per the agreement dt. 30.5.85, the dispute with regard to the payment of money made by the purchaser Kishni Devi to the petitioner -defendant was required to be referred to the Arbitrator and, therefore, the suit of the respondents -plaintiffs was not maintainable. He further submitted that the trial Court has committed an error in mis -appreciating the arbitration clause in the agreement and in rejecting the application filed by the petitioner. He has also relied upon the decision of A.B.K. Dubhash & Ors. vs. Petit Towers Co -operative Housing Society Ltd. & Ors., 2010 (suppl. 2) Arb. LP 89 (Bombay) to substantiate his contention that the Arbitrator would be empowered to decide all the issues, including the issue of specific performance of the agreement.

(3.) IN order to appreciate the contentions raised by the learned counsels for the parties, it would be beneficial to reproduce the relevant provision contained in the agreement in question with regard to referring the dispute to the Arbitrator, which reads as under: -