Court No. - 36
Case :- MATTERS UNDER ARTICLE 227 No. - 3859 of 2018 Petitioner :- Shri Keshav Chandra Sawhney Respondent :- District Judge Agra And 2 Others Counsel for Petitioner :- Sudeep Harkauli Counsel for Respondent :- Asim Kumar Singh,Sudhanshu Kumar,Swapnil Kumar
Hon'ble Mrs. Sunita Agarwal,J.
Rejoinder affidavit filed today is taken on record.
At the outset, a preliminary objection has been raised by Sri Swapnil Kumar, learned Advocate appearing for the respondent no. 2 as to the entertainability of the present petition.
The submission is that the order of refusal to refer the parties to arbitration under Section 8 is appelable under Section 37(1)(a) as contained in Chapter IX of Part-I of the Arbitration and Conciliation Act, 1996 (In short as the 'Act, 1996').
The submission is that wrong remedy of revision under Section 115 of the Code of Civil Procedure was availed by the petitioner, who had filed application under Section 8 of the Act, 1996. The submission is that since the revision was not maintainable, the rejection of the same on merits would be of no relevance.
To this submission of learned counsel for the respondent no. 2 that the petitioner has a remedy of appeal under Section 37(1)(a) of the Act, 1996, no objection could be taken by the learned counsel for the petitioner.
For the aforesaid, the present petition is dismissed with liberty to the petitioner to avail the appropriate remedy available under Section 37 of the Act, 1996.
Order Date :- 26.2.2019 Brijesh