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2017 Supreme(AP) 307

V.RAMASUBRAMANIAN, N.BALAYOGI
Chemipack (India) Pvt. Ltd. – Appellant
Versus
Arch Pharma Labs Ltd. – Respondent


Advocates Appeared:
For the Petitioner: Mr. S. Ravi, Mr. S. Appadhara Reddy

Order:

V. Ramasubramanian, J.

Aggrieved by an order passed by the trial Court allowing an application under Section 8 of the Arbitration and Conciliation Act, 1996, the plaintiff in the suit for recovery of money has come up with the above revision.

2. Heard Mr. S.Ravi, learned Senior Counsel for the petitioner.

3. The petitioner filed a suit praying for recovery of money on the ground that they sold and delivered poly bags and HDPF bottles to the respondents over a period of time from June, 2012 to June, 2013 and that the cheques issued by the respondents towards repayment, dishonoured when presented for payment.

4. Upon receipt of the summons, the respondents filed a written statement taking various pleas. Along with the written statement, the respondents also filed an application in I.A. No. 948 of 2015 to refer the dispute to arbitration on the ground that there was an arbitration agreement. This application was allowed by the trial Court forcing the plaintiff to come up with the above revision.

5. The application under Section 8 is opposed by the petitioner primarily on two grounds, namely, (a) that a mere provision in the purchase order for reference of disputes to arbitration, wil










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