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2003 Supreme(Gau) 49

I.A.ANSARI
West Bengal State Electricity Board and others – Appellant
Versus
Shanti Conductors Pvt. Ltd – Respondent


Advocates Appeared:
S. R. Bhattacharjee, S. P. Roy

Judgement

This revision originally arose out of order, dated 11-11-2002, passed by learned Civil Judge (Sr. Divn.) No. 1, Kamrup Guwahati, in Title Suit No. 101/97, rejecting the application made by the revision petitioners defendants under Section 8 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the said Act of 1996).

When the present revision was pending, the petitioners have, with the help of an amendment petition, also challenged, in this revision, the order, dated 6-1-2003, passed in the said suit, whereby an application made by the petitioners praying for invoking the provisions of Section 89 CPC was declined by the learned trial Court.

2. In order to appreciate the relevant provisions of law involved in the present revision and the challenges made to the orders impugned in this revision, let me state in a nutshell, the material facts, which have led to this revision.

3. Title Suit No. 101/96 aforementioned, instituted by the opposite party as plaintiffs, was decreed ex parte on 15-12-99. The revision petitioners, as defendants, filed, inter alia, application for vacating the said ex parte decree. This ex parte decree was vacated subject to certain con



























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