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2002 Supreme(Mad) 1557

A.RAMAMURTHI
United Industrial Engineers, Madurai and others – Appellant
Versus
Sundaram Finance Services Limited, Chennai – Respondent


Advocates:
M.S.Krishnan for M/s. Sarvabhauman Associates for Plaintiff.
George Cherian for Defendants.

ORDER: This application is filed by the applicant/ plaintiff in C.S. No.190 of 2002 to dismiss the suit and direct the parties to continue with the pending Arbitration proceedings before the sole Arbitrator Thiru S.Santhanakrishnan, Retired District Judge.

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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