S.D. Agarwala, J. - (1.) THIS is a revision under Section 115, Code of Civil Procedure directed against the order dated 12th November, 1984, rejecting the application under Section 34 of the Arbitration Act.
(2.) THE Plaintiff opposite party had filed a suit No. 522 of 1983 seeking a relief for the recovery of Rs. 62,875.19 P. being the amount of outstanding dues, including salary and provident fund etc. from the revisionist and other Defendants. In the court below, the revisionist filed an application under Section 34 of the Arbitration Act with the request that the court below may be pleased to stay the proceedings of the suit in view of an agreement of arbitration between the parties. This application was dismissed by the court only on the ground that the applicant and other Defendants had moved an application for time to file a written statement, which was allowed on payment of costs. Since the cost was not paid hence the application under Section 34 of the Arbitration Act was not maintainable. Learned Counsel for the revisionist has urged that in view of the U.P. Amendment in Section 34 of the Arbitration Act, by U.P. Act No. 57 of 1976 the view taken by the court below is manifestly erroneous.
(3.) I have heard the learned Counsel for the parties.;