S.B.MAJMUDAR, Y.K.SABHARWAL
Refrigeration And Appliances – Appellant
Versus
Jayaben Bharatkumar Thakkar – Respondent
ORDER
Leave granted.
2. We have heard learned senior Counsel for the appellants as well as learned Counsel for respondent Nos. 1, 2 and 3 who are the only contesting respondents.
3. The short question is whether the application filed by the appellants before the trial Court under Section 8 of Arbitration and Conciliation Act, 1996 (for short the Act ) was maintainable. That application was held to be not maintainable because certified copy of the agreement was not filed. The High Court has confirmed that order.
4. During these proceedings, learned Counsel for the respondents fairly stated that he gives up this technical objection as another application is already moved by the appellants before the trial Court under Section 8 of the Act. In that view of the matter he has no objection if this technical objection is not entertained any further. We, therefore, allow this appeal, set aside the impugned order of the trial Court as confirmed by the High Court and remand the application filed by the appellants on 4th March, 1999 to be clubbed with the new application filed by them on 16th November, 1999 for being decided by the learned Trial Judge in accordance with law on merits.
5. It is mad
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