Arbitration and Conciliation Act, 1996 (26 of 1996) S. 8 - Application for referring the dispute to arbitrator - Even on the termination of the agreement contract, the arbitration agreement would still survive. (179) P.L.R.

Arbitration and Conciliation Act, 1996 (26 of 1996) Section 8 – Suit had been filed by him in his individual capacity for recovery of price of agriculture produce sold by him in his individual capacity to the defendant Commission Agent – Plaintiff had a agriculture account with the defendant Commission Agent in which the defendant Commission Agent Firm used to make entries regarding sale of crop by respondent – Amount claimed by him is as a farmer for recovery of the price of crops sold by him to the defendant Commission Agent Firm - Arbitration clause contained in partnership agreement – Will not apply. (2018-2) PUNJAB LAW REPORTER

Arbitration and Conciliation Act, 1996 (26 of 1996) S. 8 - Arbitral reference is possible only if there is an arbitral agreement in writing between the parties and all the parties brought before the Arbitrator shall be persons who had been signatories to the agreement - It is an admitted fact that the bank is not a party to the arbitral agreement and an arbitral reference would involve compelling a bank to join proceedings before the Arbitrator - Bank was necessary party in the suit where the plaintiff was complaining that the bank had committed a default that has ultimately resulted in the cancellation of allotment itself - It will be possible for the plaintiff to be compelled to an arbitral reference where the suit is not merely against the parties to the arbitral agreement but also with reference. (179) P.L.R.

Arbitration and Conciliation Act, 1996 (26 of 1996) S. 8 - As the final agreement itself has not been executed between the parties, there was no question of filing of agreement along with application under Section 8 of the Act - Plaintiffs have also taken a stand that infact Apartment Buyers Agreement has not been signed by the plaintiffs and as such the terms & conditions of the agreement are all one sided and not fair - Section 8 of the Act have not been complied with as certified copy of the agreement has not been attached with the application. (183) P.L.R.

Arbitration and Conciliation Act, 1996 (26 of 1996) S. 8 - Cases involving rendition of accounts and dissolution of partnership, proceedings under Section 8 of the Act is not maintainable because such a controversy is within the scope of the civil suit only and the only remedy for the partners is to file a civil suit for rendition of accounts and dissolution of partnership, which has been done by the plaintiff in the case in hand - Partnership. (182) P.L.R.

Arbitration and Conciliation Act, 1996 (26 of 1996) S. 8 - Loan - Once an application in due compliance of Section 8 of the Arbitration Act is filed, the approach of the civil court should be not to see whether the court has jurisdiction - Once it is brought to the notice of the court that its jurisdiction has been taken away in terms of the procedure prescribed under a special statue, the civil court should first see whether there is ouster of jurisdiction in terms or compliance of the procedure under the special statute - The general law should yield to the special law - generalia specialibus non derogant. (S.C.)(179) P.L.R.

Arbitration and Conciliation Act, 1996 (26 of 1996) S. 8 - Order passed passed under Section 8 is an order passed by the judicial authority/forum/court by drawing its power from section 8 of the Act and since the order is passed by drawing the power from Section 8 of the Act, the right to file an appeal being a creature of statute has also to be found in the Act -If the Act does not provide for an appeal or specifically prohibits an appeal from an order passed under Section 8, then no appeal would lie under the Act - Since the order is passed in exercise of powers conferred by the act, reliance cannot be placed for filing an appeal under section 10 of the Delhi High Court Act, 1966 or under the Letters Patent - Since Section 37 does not permit filing of an appeal from an order passed under Section 8, no appeal would lie from such an order under the Act - Delhi High Court Act, 1966 - Letter Patent. (181) P.L.R. (Del.)

Arbitration and Conciliation Act, 1996 (26 of 1996) S. 8 - Place of arbitration - Provision of section 8 are mandatory - Arbitration clause contained in the agreement - The application has to be allowed. (173) P.L.R.

Arbitration and Conciliation Act, 1996 (26 of 1996) S. 8 - Present dispute arises out of the terms of agreement wherein arbitration clause is specifically incorporated - Although contract stands terminated on account of breach committed by the party - Merely due to termination of arbitration agreement, the arbitration clause does not get perished nor rendered inoperative - This clause survives for adjudication of dispute arising from the contract. (173) P.L.R.

Arbitration and Conciliation Act, 1996 (26 of 1996) S. 8 - Provides that in case some action is brought before the court which is subject of arbitration agreement, a party may apply for reference of the matter to arbitration at the initial stage itself - There is nothing in the provision to suggest that petition can be directly moved before the court under section 8 - Only, if some proceedings is initiated by either party, application under section 8 would be maintainable - In such circumstances, court would be at liberty to refer the matter to arbitration. (173) P.L.R.

Arbitration and Conciliation Act, 1996 (26 of 1996) S. 8 - Reference to Arbitrator would have been within limitation at the time of filing of the suit as well as at the time of filing of application under section 8 of the Act - Consequently, application under section 8 of the Act could not be dismissed on the ground that reference to Arbitrator would be barred by limitation at the time of deciding the said application. (173) P.L.R.

Arbitration and Conciliation Act, 1996 (26 of 1996) S. 8 - Since the notice inviting bid and instructions to bidders have been made a part and parcel of the agreement executed between the parties containing an arbitration clause, the petitioner cannot escape what is prescribed in the notice inviting bid wherein it has been specifically mentioned that jurisdiction of the court will be at Panchkula. (183) P.L.R.

Arbitration and Conciliation Act, 1996 (26 of 1996) S. 8 - Suit - Prayer - made was to restrain the first and second defendant institutions and their men from illegally taking away from the possession of plaintiff or her employee, or interfering with the use and enjoyment of ambassador or causing damage to the Car - The car was purchased on loan granted by the appellant - Arbitration clause in the agreement - Court holding relief sought for in the plaint is only against the illegal acts of the defendants - The apprehended acts of the plaintiff are against the public policy and per se illegal and hence this suit is maintainable - Order set aside - Agreement permit the financer to take possession of the financed vehicles, there is no legal impediment on such possession being taken, unless the contract is held to be unconscionable or opposed to public policy. (S.C.)(179) P.L.R.

Arbitration and Conciliation Act, 1996 (26 of 1996) S. 8 - Where the opposite party is not disputing photo copy of the document produced on record by filing an application under Section 8 of the Act, filing of certified copy of the same can be exempted. (179) P.L.R.

Arbitration and Conciliation Act, 1996 (26 of 1996) S. 8 - Word `not later than' when submitting his first statement could also include filing of an application along-with the written statement which has exactly been done by the petitioners in this case. (177) P.L.R.

Arbitration and Conciliation Act, 1996 (26 of 1996) S. 8 - Word `not later than' when submitting his first statement could also include filing of an application along-with the written statement which has exactly been done by the petitioners in this case. Punjab State Grains Procurement Corp. Ltd. v. M/s Baba Ji Rice Mills . (177) P.L.R.

Arbitration and Conciliation Act, 1996 (26 of 1996) Section 8 – Application under Section 8 of the Arbitration and Conciliation Act, was filed only after the plaintiff had filed an application for striking off the defence of the respondents - Application can be filed at any time before submitting first statement on the substance of the dispute. (2018-1) PUNJAB LAW REPORTER

Arbitration and Conciliation Act, 1996 (26 of 1996) Section 8 – Civil Procedure Code 1908 (V of 1908) Order 7 Rule 14 - Application filed for directing the plaintiff to produce certain documents under Order 7 Rule 14 of Code of Civil Procedure would be a statement on the substance of the dispute or not - An application under Order 7 Rule 14 of Code of Civil Procedure is only for direction to the plaintiff to produce documents on which the plaintiff relies upon - Such an application cannot be treated as a submission on the substance of the dispute. (2018-1) PUNJAB LAW REPORTER

Arbitration and Conciliation Act, 1996 (26 of 1996) Section 8 – Present case is only for rendition of account and partition of the property of the firm – In the considered opinion of this Court, such dispute does not fall outside the scope of arbitration – Once there is an arbitration agreement, the Court has no choice but to refer the parties to the Arbitration, subject to fulfilment of the condition specified in section 8. (2018-1) PUNJAB LAW REPORTER

Arbitration and Conciliation Act, 1996 (26 of 1996) Section 8(1) - Naturally while conferring the jurisdiction to refer the parties to a dispute to arbitration, the law refers to the forum as a "Judicial authority" and not a "Court" - It is trite that the expression "judicial authority", also used in Section 5, may encompass within its fold not only a court but also a Tribunal. (2018-1 ) PUNJAB LAW REPORTER (DELHI)

Arbitration and Conciliation Act, 1996 (26 of 1996) Section 8(1) - There can be no quarrel with the proposition that while considering an application for the parties to a dispute to be referred to arbitration on the ground that it is subject to an arbitration agreement in terms of Section 8(1), the judicial authority exercises the jurisdiction conferred upon it by the Arbitration and Conciliation Act, 1996 and not the jurisdiction it exercises under the law whereunder it has been established. (2018-1 ) PUNJAB LAW REPORTER (DELHI)

Arbitration and Conciliation Act, 1996 (26 of 1996) S. 8(1) - Civil Procedure Code, 1908 (V of 1908) Order 7, Rule 11 - After filing of the suit, written statement was filed issues were framed and the trial was fixed for recording of evidence of plaintiff - For all intents and purposes, the defendants-petitioners had taken their entire defence by filing their written statement - The trial was, at the same time, fixed for recording evidence of the plaintiff - Thereafter, the present application under Order 7 Rule 11 was filed - They had disclosed their defence and had waived their right to invoke the arbitration clause as per Section 8(1) of the Act. (182) P.L.R.

Arbitration and Conciliation Act, 1996 (26 of 1996) S. 8(1), 8(3) - Under Section 8(1) of the Act, either party is free to apply to the judicial authority within the prescribed time to refer the parties to arbitration, in case the matter pending before it is the subject matter of an arbitration agreement - Section 8(3) of the Act however makes it clear that notwithstanding the application under Section 8(1) of the Act and the issue pending before the judicial authority, arbitration may be commenced or continued and an arbitral award can also be made. (S.C.)(180) P.L.R.

Arbitration and Conciliation Act, 1996 (26 of 1996) S. 8(2) - Certified copy - Agreement has been signed by the District Manager, Punjab State Grain Procurement Corporation Limited, Gurdaspur, which would fall within the definition of certified copy and the aforesaid provision of Section 8(2) of the Act. (177) P.L.R.

Arbitration and Conciliation Act, 1996 (26 of 1996) S. 8(2) - Certified copy - Agreement has been signed by the District Manager, Punjab State Grain Procurement Corporation Limited, Gurdaspur, which would fall within the definition of certified copy and the aforesaid provision of Section 8(2) of the Act. Punjab State Grains Procurement Corp. Ltd. v. M/s Baba Ji Rice Mills . (177) P.L.R.

Arbitration and Conciliation Act, 1996 (26 of 1996) S. 8(2) - Objection with regard to availability of remedy of arbitration is to be taken at the earliest possible time before filing the first statement of defence along with a duly certified copy or original arbitration agreement. (178) P.L.R.

Arbitration and Conciliation Act, 1996 (26 of 1996) S. 8, 16 - That the agreement itself has been forged and tampered with and the plaintiff had not agreed to the arbitration clause in the agreement, the said contention cannot be accepted to dismiss application under section 8 of the Act because under section 16 of the Act, the Arbitrator has power to rule on its own jurisdiction including ruling of any objection with respect to the existence or validity of the arbitration agreement. (173) P.L.R.