IA No. 12666 of 2016 (of D-1 u/S 8 of Arbitration & Conciliation Act, 1996)

1. The applicant/defendant No.1, before filing first statement on the substance of the dispute, has filed this application for disposal of the suit by reference to arbitration.

2. The counsel for the plaintiff/non-applicant appears on advance notice and considering the nature of the application, need for reply is not felt and the counsels have been finally heard thereon.

3. The plaintiff/non-applicant has instituted the suit for recovery of Great Britain Pounds (GBP) 257, 247.39 with interest from the two defendants jointly and severally.

4. The applicant/defendant No.1 has filed this application pleading that the subject matter of this suit is subject of an arbitration agreement between the plaintiff/non-applicant and the applicant/defendant No.1.

5. Though Section 8(2) of the Arbitration and Conciliation Act, 1996 (Arbitration Act) provides that the application shall not be entertained unless it is accompanied by the original arbitration agreement or by a duly certified copy thereof but the instant application is not accompanied with the original arbitration agreement or any certified copy thereof.

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