- (1.) Heard learned counsels for parties.
(2.) Present revision is filed by revisionist-defendant against the order dated 01.08.2019 passed by the learned Additional District Judge in SCC Suit No.52 of 2018 whereby the application under Order 7 Rule 11 of the revisionist-defendant filed on the basis Section 8 of the Arbitration and Conciliation Act , 1996 (hereinafter referred to as 'Act of 1996') has been rejected.
(3.) Submission of counsel for revisionist-defendant is that once it is admitted that there is an arbitration agreement between the parties, it is incumbent upon the Court to refer the dispute to the arbitrator under Section 8 of the Act of 1996 and it was not open for him to reject the application. However, counsel for respondent-plaintiff submits that in the given facts and circumstances of this case, the Court has rightly rejected the application filed on the basis of Section 8 of the Act of 1996.;