Arbitration &conciliation act1996

Querist : Anonymous (Querist) 12 January 2012 This query is : Resolved
Dear Expart,
I am the plaintiff of suit of Specific Performance of Contract and the agreement for sale executed by and between myself and the defendent company six month back where their is/ are no Arbitral clause of which was signed by me.Now the defendent company/ Developer in order to clutch the plaintiff with their yoke of wish according to their suitable ways of twisting of the statutory proceeding to be awarded in their favour intentionally designed and framed out a registered declaration which was annexed in the said application under Sec-8(1) of Arbitation & Conciliation Act ,1996.I further like to inform you that unfortunately I had lost the copy of the agreement for sale, for that I had filed the suit against the defendent but not any application Under section-9 of the A & C Act1996 . The defendent company registered the said Unilateral Declaration after six month mentioned the arbitration clause therein . My question is this as per the Sec-8of the Arbitation & conciliation Act,1996 and also from the settled principal of law that an agreement can a court entertain an application U/S-8 (1) Arbitration & Conciliation Act1996 on the basis of a declaration of defendent in absence of any meeeting of mind between the parties, which could create a binding contract between thereon. There should be a special reference indicating a mutual intetion to incorporate the Arbitration clause from another document into the contract.
Please give your opnion with suppoted judgement of the Apex court, It is urgently needed.
thanking you,

Mr Swarup Narayan Roy,
Advocate, High Court,Calcutta

Follow Query

Report Abuse

Devajyoti Barman (Expert) 12 January 2012
You are right unles there is 'consensus ad idem', no contract forms.
An agreement is nothing but acceptance of an offer.
Here the declaration is not accepted by the plaintiff. If that is so then the court would be wrong to refer the matter for arbitration.
Make your preliminary objection to the court at the earliest.