(July 27, 2001) 2001 (TLS)125315

2001-DLT-93-222 :: 2001-AD (Del)-6-297

SHIVNATH RAI HAR NARAIN Vs. Italgrani SPA

J. D. Kapoor

( 1 ) THIS is an application under Order 7 Rule 11 CIVIL PROCEDURE CODE and Section 45 of the Arbitration and Conciliation Act, 1996 assailing the maintainability of the suit.

( 2 ) INDISPUTABLY, provisions of Order 7 Rule 11 CIVIL PROCEDURE CODE bar the maintainability of the suit; firstly where it does not disclose a cause of action; secondly where the relief claimed is order valued, and the plaintiff, on being required by the Court to correct the valuation within a time to be fixed by the Court, fails to do so; thirdly where the relief claimed is properly valued but the plaint is written upon paper insufficiently, stamped and forthly where the suit appears from the statement in the plaint to be barred by any law.

( 3 ) SECTION 45 of the Arbitration and Conciliation act, 1996 (in short act ) is of mandatory nature and casts/obligation upon the Judicial authority when seized of an action in a matter in respect of which an arbitration agreement subsists to refer parties to arbitration. It provides as under :-

"45. Power of judicial authority to