1.1:11 Ti."':!':.n;!: .^j^r-y.-r^.T^^^"^"^"^-. • E^| IN THE HIGH COURT OF CHHAmSGARH AT BILASPUR Civil Revision No ^3/2010 1. Gati Ltd, (A Company incorporated under ^»~.i,>p provisions of Indian CompaniesAct 1956) Registered OfRce 1-7-293 M.G.Road, Secundrabad 500003 u\ .1? ^ ^ 2. M.S.Yadav ^ Branch Head, Gati Ltd, G.E.Road, Tatibandh, ^ Raipur (C.G.) 3. Gulshan Sharma Head Business and Operations, Gati Ltd, Registered Office 1-7-293 M.G.Road, Secundrabad 500 003 4. M.K-Agrawal M.D & C.E.O, Gati Ltd, Registered OfRce 1-7-293 M.G.Road, Secundrabad 500003 Petitioner/Defendants Versus Smt Naveena Jha aged 34 years, W/0 Nityanand 3ha D-1, Second Floor, Sri Ram Towers, Vyapar Vihar, Bilaspur (C.G.) Respondent/Plaintiff Petition under Section 115 Read with Section 151 of Code of Civil Procedure 1908. Contd.2 :s le id It, irt to ny ter XI-HC-22 •3^ -I<l<l<l<Yt'i<, 'gi^frCT'TS, faclKiy Sff^ 1RW , . G^,^.,.J.5.i. ^ '°„ .^^^•••••••—•-----••t^^ 200 WHWI VifVfeK 'fsre^sT' .MI^F^iT h'n't sn^r ^nich y^ sn^i'^<nw?ift?r c:hl<4[y(4lTi 'RFTcff "4 t^T^t <^1^K ^7 SlfitTlT 31I^T S.B. Hon'bie Shri Justice N.K. Aaanlfa 01-02-2010 Shri Mukesh Sharma, counse! f^srthe applicants. Heard on admission. The instant revision is directed urfcler: 01-2010 passed by Seventh Civil Civil Suit No.2-A/2009 whereby and preferred by the applicants under Ot Section 151 of C.P.C. and read wifl Arbitration and Conciliation Act, 199$ been dismissed. Section 8 of the Act reads as "8. Power to refer parties to aji there is an arbitration judidal authority before whicjh brought in a matter which is arbitration agreement shalt, if a| not laterthan when submitting on the substance of the disputel to arbitration. (2) The appiication referred (1) shall not be entertaine^ accomoanied bv the orict agreement or a duly certified (3) Notwithstanding that an| been made under sub-section before fhs_ (igainst the order dated 05- Jijdge, CIass-11, Biiaspur in iif/hereunder an application 1'der 7 Rule 11 read wiSh th Seetion 5 & 8 of the t (for short 'the Act') has rbitratfon where (1) A an action is sut^ect of an party so appiies first statement refer the parties agr^ement the !his copy to in sub-section unless st is linal arisitration thereof. appiication has (1) and that the issue is jiiri lci^i sufrhonty, an -^. -^r.-,^ 4i-^ ^H^T Eii^t'.tBs-.aafi Wa1i®is?-tf— ^^^^^^^^^s^^^^^^^^^^^^^l^^^^^ i XI-HC-22 ..-r ^-ai -i||4|lc|t|, 'g^ftWTS, facll'My 3n^r iRra? ^•K^^J.^1^'10.. •f^ ^ee- WHPlTff>*ll<^ fN^ar' sn^r^r l<-ii.<t sn^r ^^licb 'yfeTT sn^r's^nw ^1?3 arDiiranon mav oe commencedl an arbitrai award made." As per Sectson 8, if a party statement on the substance of the d| reference of the dispute to arbitraticjn agreement in this behalfthen, the arbitration. Admittedly, in the instant case, has been filed nor relief for refert arbitration has been claimed. Therelf been rightiy dismissed by the Trial application, the relief of rejection of applicants which is again not avaiiabte on an application under Secti| In view of above, i do not find in thi order passed by the trial Court. Accordingly, the instant rev| substance is iiabie to be and is hereW stage. lies before filing his first spute, the application for and afso files original shall refer the parties to Coitrt chl^Id'^ll •HIHC^ "^ FS*^ <[^^1'<, ^i-aifigtt 3fi^[ or continued and Cout-t ieither original agreement tnce of the dispute for fore, the apptication has t; Moreover, by the said t>ia!nt was sought by the incorlsonance with the relief i()n 8 of the Act. ^ny jurisdictlona! illegality •Ision being devoid of I? dismissed at admission SAI- N.K. Agarwal Judge