SHILLONG CLUB LTD Vs. H K LOUNGANI & CO
LAWS(MEGH)-2013-12-10
HIGH COURT OF MEGHALAYA
Decided on December 05,2013

Shillong Club Ltd Appellant
VERSUS
H K Loungani And Co Respondents

JUDGEMENT

- (1.) Both these revisions relate to the proceedings of the Trial Suit No. 27(H) 2011 pending between the parties in which the defendants have moved an application under Section 8 of the Arbitration and Conciliation Act, 1996, and the plaintiffs have moved the application under Order VI of Rule 17 of the Code of Civil Procedure, 1908. The plaintiffs have filed this revision for expeditious disposal of the amendment application before the application under Section 8 of the Arbitration and Conciliation Act, 1996 is decided. On the other hand, the defendants have prayed for disposal of their application (Misc. Case No. 57(H) of 2011) filed under Section 8 of the Arbitration and Conciliation Act, 1996 before the amendment application is considered.
(2.) Heard learned counsel for the parties and perused the papers on record.
(3.) Briefly stated, the plaintiffs namely, M.S. H.K.Loungani & Co. and Vincent.H.Pala filed the suit before the trial court apprehending termination of their agreement dated 21-1-2009 with the defendant/revisionist for declaration that the agreement between the parties is valid. The defendant/revisionist, Shillong Club Ltd after putting their appearance filed the application (Misc. Case No. 57(H) of 2011) under Section 8 of the Arbitration and Conciliation Act, 1996 seeking that the dispute between the parties be referred to the arbitrator. It appears that for one reason or other, the suit remained pending without deciding the said application. Meanwhile the plaintiffs filed an application under Order VI of Rule 17 of the Code of Civil Procedure, 1908 in the year 2013 for amendment in the plaint challenging the election of the erstwhile Management Committee of the Shillong Club Ltd (Defendant No.1) whose term had already expired as the tenure of the elected committee was one year only.;


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