STATE OF RAJASTHAN & ANR Vs. HARISH GAURAV

JUDGEMENT

(1.) ITIONERS have filed this revision petition under Section 115 C.P.C. to challenge the impugned order dated 17.11.2006 passed by learned the Additional District and Sessions Judge (Fast Track) No. 2, Udaipur, whereby the learned Court below has rejected the application of the petitioners under Section 8 of the Arbitration and Conciliation Act, 1996 (for short, 'Act of 1996').

(2.) THE facts, in brief, are that respondent -plaintiff, instituted a civ d a civil suit against the petitioners for recovery of a sum of Rs. 57,36,781/ - for illegal deduction of amount in connection with the work carried out pursuant to job order dated 24.12.2001. In the suit, it is inter -alia averred by the respondent -plaintiff that the work entrusted to him was completed before the scheduled time yet the bills of requisite amount submitted by him were not paid to him and the amount has been illegally deducted. The suit is contested by the petitioners and written statement is submitted on 06.03.2006. Subsequently, while referring to the arbitration clause in agreement, petitioners laid a separate application under Section 8 of the Act of 1996 and urged that by virtue of arbitration clause, suit is not maintainable. The application is contested by the respondent -plaintiff, and by the impugned the learned Court below rejected the same.

(3.) THE revision petition came before this Court for admission on 30.07.2007 and was dismissed on the ground of delay. The order was challenged before the Hon'ble Apex Court, and while setting aside the order dismissing the revision petition, Hon'ble Apex Court remanded the matter back for deciding it on merits.