YAKKANTI ADINARAYANA REDDY Vs. VAISHNAVI ESTATE AND DEVELOPERS

JUDGEMENT

(1.) This Civil Revision Petition arises out of an order passed by the Trial Court dtd. 15/4/2024 referring the parties to arbitration. The order was passed in an application filed by the respondents (defendants) under Sec. 8(1) of The Arbitration and Conciliation Act, 1996. The plaintiff filed a Suit for dissolution of partnership in the Trial Court.

(2.) The Trial Court relied on the written statement filed by the respondents and was of the view that a separate application was not required to be filed under Sec. 8(1) of the 1996 Act for referring the parties to arbitration.

(3.) Learned counsel appearing for the petitioners (plaintiff in the Trial Court) refers to certain admitted dates and submits that the application under Sec. 8(1) of the 1996 Act was filed more than 10 years after the respondent No.1/defendant No.1's written statement in the Suit.