V.K. Jain, J.

IA No. 4272/2011 (Under Section 8 of Arbitration and Conciliation Act)

1. This is a petition under Section 8 of Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Act) for referring the disputes raised by the Plaintiff for arbitration, in terms of the arbitration agreement between the parties.

IA No. 4272/2011 (Under Section 8 of Arbitration and Conciliation Act)

2. A perusal of the record would show that on suit summons being served on them, the Defendants appeared through counsel on 04th January, 2011 and it was directed that the written statement be filed within the prescribed period. The matter was adjourned to 02nd May, 2011. The written statement was filed on 25th January, 2011. Replication to the written statement was filed on 14th February, 2011. In replication, the Plaintiff relying upon the decision of Supreme Court in Sukanya Holdings Pvt. Ltd. v. Jayesh H. Pandya and Anr. AIR 2003 SC 2252, stated that the Defendants having already filed Written Statement and no application under Section 8 of the Act having been filed, the matter was not required to be referred to the arbitral tribunal. The application under consideration came to be