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MOUSHUMI BHATTACHARYA, M. G. PRIYADARSINI
Object Technology Solutions India Private Limited – Appellant
Versus
Ganga Hitech City 2 Society – Respondent
JUDGMENT :
Moushumi Bhattacharya, J.
The Appeal arises out of an order passed by the Commercial Court on 06.10.2023 dismissing the appellant’s application under section 8(1) of The Arbitration and Conciliation Act, 1996.
2. The appellant is the defendant in a Suit filed by the respondent herein for handing over the peaceful possession of the suit schedule property to the plaintiff and for payment of outstanding rents and other charges including maintenance with regard to the suit schedule property.
3. The appellant obtained an interim order from a Co-ordinate Bench on 27.12.2023 whereby the Co-ordinate Bench directed the Commercial Court/Trial Court not to insist on filing of the Written Statement by the appellant.
4. Learned counsel appearing for the appellant/defendant argues that the Commercial Court disregarded the mandate under section 8(1) of the Act whereby the parties have to be referred to arbitration in the presence of a valid Arbitration Agreement forming the subject matter of the dispute. Counsel also submits that the application under section 8(1) of the Act was filed before the Written Statement of the appellant.
5. Learned counsel appearing for the respondent/plaintiff urg
An application under section 8(1) of the Arbitration and Conciliation Act must precede the submission of the first statement on the substance of the dispute, and failure to comply with statutory requ....
The court established that a formal application under section 8(1) of the Arbitration and Conciliation Act is mandatory for referring parties to arbitration, and failure to comply with this requireme....
Disputes arising from a lease agreement containing an arbitration clause can be referred to arbitration even when a non-signatory is involved, provided the claims are within the scope of the arbitrat....
The limitation for filing an application under Section 8 of the Arbitration and Conciliation Act aligns with the time for submitting the written statement, and failure to comply results in a waiver o....
Section 8 of the Arbitration and Conciliation Act mandates that an application for arbitration must be made before the first written statement; dismissal of the suit under this section is not permiss....
An application under Section 8 of the Arbitration and Conciliation Act must be filed before the first written statement and within the prescribed limitation period; otherwise, it is not maintainable.
The determination under Section 8 of the Act must be made 'prima facie' at the application stage, and the provisions requiring reference to arbitration are mandatory in nature.
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