High Court of Judicature at Allahabad
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Jai Naresh Singh v. Ram Naresh Singh & Others - CIVIL REVISION No. 314 of 2007  RD-AH 13806 (9 August 2007)
Hon'ble Janardan Sahai, J.
A suit for injunction was filed by the plaintiff/respondent against the petitioner. In the suit an objection was taken by the petitioner that there was arbitration agreement between the parties and the suit is barred by the provisions of the Arbitration and Conciliation Act, 1996. The trial court relied upon the decision in Bal Kishan Bansal Vs. Pramit Bansal and another, 2006 (4) A.W.C. 3509 in which it has been held that the mere existence of arbitration clause does not bar a suit and held that the suit is maintainable. It is only when a party to the agreement satisfies the court that there is an arbitration clause and the dispute is covered by it and a request for referring the dispute to arbitration is made in accordance with Section 8 of the Act that the civil court has to refer the dispute. The view taken by the trial court that the suit is not barred merely on account of the existence of the arbitration agreement does not suffer from any illegality. The revision is dismissed.
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