- (1.)It should be noted that these are mere averments made which are required to be made according to law if somebody wants to take benefit of Section 34 of the. Arbitration Act. Court has to investigate from facts on record to find out whether those aspects are proved.
(2.)What I am considering is whether the claim of the defendant company that it was ready and willing to perform all the acts for the proper conduct of arbitration not only at the commencement of the suit that it was ready and willing throughout for such arbitration proceedings and to do everything necessary for proper and successful conduct of the arbitration proceedings, meaning thereby, even prior to commencement of proceedings, is justified. For this it must show its readiness and willingness, and that readiness and willingness has to be considered by the court from the circumstances on record.
Appeal allowed with costs.