Order 7 Rule 11 CPC & Section 8 of Arbitration Act 1996

Querist : Anonymous (Querist) 19 August 2010 This query is : Resolved
Dear All,

In reply to a plaint at the time of moving an application under Order 7 Rule 11 r/w Section 151 CPC if the circumstances so warrant as the relationship amongst the parties being governed through Agreement containing Arbitration clause is it proper to file Section 8 Arbitration and Conciliation Application simultaneously.
Last but not least should one file written statement in anticipation of eventuality of rejection of Order 7 Rule 11 Application right now.

Please guide the matter pertains to Indore.

Best Regards

Anonymous

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pawan sharma (Expert) 19 August 2010
Dear,
Yous quary is not clear.

Devajyoti Barman (Expert) 19 August 2010
Filing of petition for rejection of plaint does not depend upon filing of written statement. Before filing it , you could move the application u/o 7 rule 11. Till its disposal it is better to wait.

s.subramanian (Expert) 19 August 2010
The first thing you should do is to file the petition under Sec.8 of the Arbitration Act
seeking stay of the suit and reference of the dispute to the arbitrator as per the agreement of arbitration. You should not proceed under order 7 rule 11 at all. If you file any such application or written statement you will lose your right to proceed under sec.8 Hence be careful.

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