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Anil Kumar Shukla v. Sri Ram Investments Ltd. - CIVIL REVISION No. - 470 of 2007 [2007] RD-AH 18370 (28 November 2007)

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).


Hon. Dilip Gupta, J.

This Civil Revision under Section 115 of the Code of Civil Procedure (hereinafter referred to as ''CPC') has been filed for setting aside the order dated 25th September, 2007 passed by the Civil Judge (Senior Division) Kanpur Nagar, in Original Suit No. 872 of 2006.

The revisionist had filed Original Suit No. 872 of 2006 with a prayer that the delivery and possession of the vehicle be given from the defendants Shriram Investments Ltd. The defendant appeared and filed an application under Section 8 of The Arbitration and Conciliation Act, 1996 (hereinafter referred to as the ''Act') with a prayer that the dispute be referred to the Arbitration in terms of Clause 16 of the agreement. This application was rejected by the Trial Court. The Investment Company had filed a Civil Revision in this Court which was allowed and the matter was remitted to the Trial Court to reconsider the application afresh. The Trial Court has now allowed the application and has referred the dispute to the Arbitration in terms of Section 8 of the Act as the application was filed before the first statement was filed by the Investment Company.

Learned counsel for the revisionist has not been able to point out any infirmity in the order passed by the Trial Court which may warrant interference by this Court under Article 226 of the Constitution.

The Civil Revision is, accordingly, dismissed.

Date: 28.11.2007



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