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2002 Supreme(AP) 482

DUBAGUNTA SUBRAHMANYAM
Sohani Granites Pvt. Ltd. , rep. by its Managing Director, Mr. Govind – Appellant
Versus
Binny Ltd. , rep. by its Executive Director – Respondent


DUBAGUNTA SUBRAHMANYAM, J.

( 1 ) THIS revision petition is filed against the order dated 1. 12. 2000 in I. A. No. 1401 of 1999 in O. S. No. 1554 of 1997 on the file of VII Senior Civil Judge, City Civil Court, Hyderabad.

( 2 ) THE plaintiff filed the suit for recovery of a sum of Rs. 40,00,000=00 with future interest and costs and also for a decree for cancellation of the mortgage deed executed by the guarantor directing the defendant to return the original title deeds and for a decree for arrears of rent at the rate of Rs. 20,000=00 per month. The defendant entered his appearance in the court and on the same day, he filed a petition under Section 8 of the Arbitration and Conciliation Act, 1996, requesting the trial court to refer the matter to the appointed Arbitrator and consequently stay proceedings of the suit pending decision of the Arbitrator. According to the defendant there is an agreement between the parties as evident from the letter dated 25. 2. 1992 to refer the dispute to an Arbitrator. In the counter affidavit filed by the revision petitioner, it is pleaded that clause No. 8 of the so called letter is not applicable to the present matter in dispute and the said letter












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