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1997 Supreme(Del) 13

LOKESHWAR PRASAD
DRAUPDI CHIT FUND PRIVATE LIMITED – Appellant
Versus
SENIOR CIVIL JUDGE – Respondent


Advocates Appeared:
R.K.GUPTA

Lokeshwar Prasad, J.

( 1 ) THE present petition, filed by the petitioner under Article 227 of the Constitution of India, is directed against an order dated the 2nd May, 1995, passed in Suit No. 193/94 - entitled M/s Draupdi Chit Fund Pvt. Ltd. v. Shri R. S. Chaudhary and Others, whereby the learned Civil Judge, while rejecting the application of the respondents, filed by them under Section 34 of the Arbitration Act, 1940 (hereinafter referred to as the Act ), also dismissed the suit filed by the petitioner/plaintiff.

( 2 ) THE facts relevant for the disposal of the present petition, briefly stated, are that the petitioner filed a suit for the recovery of Rs 30,956. 66 against respondents 2,3 and 4 in the Court of Senior Civil Judge, Delhi on 27. 6. 94, which was assigned to the Court of Shri V. K. Gupta, Civil Judge, Delhi for disposal according to law. In the said suit, before the learned Civil Judge, the respondents 2,3 and 4 filed an application under Section 34 of the Act read with Section 151 of the Code of Civil Procedure, 1908 (hereinafter referred to as the CPC ) stating therein that the suit filed by the petitioner was not maintainable as not only an arbitration agreemen















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