A.RAMAMURTHI
United Industrial Engineers, Madurai and others – Appellant
Versus
Sundaram Finance Services Limited, Chennai – Respondent
2. The case in brief is as follows: The present application is filed under Sec.8 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as ‘the Act’) to dismiss the suit and refer the matter to arbitration before the sole Arbitrator already appointed. There is a valid arbitration clause under the Loan Agreements dated 22.3.1999, 26.5.1999, 7.6.1999 and 17.5.2000 and the parties to the agreements are bound by the same. Sec.8 of the Act very clearly stipulates that if a party before a Judicial Authority before which an action is brought in a matter which is the subject of an arbitration applies to the Court to refer the parties to arbitration the Court shall do so. Further, Sec.5 of the Act deals with the extent of judicial intervention and the section stipulates that in matters governed by Part I of the Act, no judicial authority shall intervene. The language of Sec.8 is peremptory. The first respondent firm approac
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