Court No. - 9
Case :- CIVIL REVISION No. - 170 of 2018 Revisionist :- Satish Jain Opposite Party :- Association Of Management Studies Counsel for Revisionist :- Vivek Dhaka,Krishna Gopal Counsel for Opposite Party :- Punit Kumar Gupta
Hon'ble Anjani Kumar Mishra,J.
Heard learned counsel for the revisionist and Shri Punit Kumar Gupta for the contesting opposite party.
The instant revision is directed against the order dated 19.01.2018 passed by the Additional Civil Judge (Senior Division), Court No.3, Meerut, in Original Suit No.654 of 2017 filed by the plaintiff opposite party for permanent injunction restraining the revisionist from entering the premises of the plaintiff Educational Institution and from disrupting the educational activities being carried out.
In this suit, an application under Section 8 of the Arbitration Act was filed by the revisionist, which application has been rejected by the trial Court holding that the dispute in the suit did not fall within the scope of the construction agreement between the parties, especially, the arbitration clause thereof.
While rejecting application, even the trial Court has observed that the suit is one for injunction simplicitor as noticed above. The arbitration clause pertained to the agreement between the parties for certain construction activities.
Therefore, in my considered opinion, if the activities of the revisionist are such that he is interfering in the educational activities of the plaintiff educational institution, the suit for permanent injunction would not fall within the scope of the agreement between them and for the same reason, an arbitration clause would have no application.
In view of the foregoing discussion, I do not find any illegality in the impugned order nor it suffers from any jurisdictional error that would warrant interference.
The revision is accordingly, dismissed.
Order Date :- 29.1.2019 RKM Digitally signed by ANJANI KUMAR MISHRA Date: 2019.01.29 19:00:41 IST Reason: Document Owner Location: High Court of Judicature at Allahabad