Bhattacharya, J. - (1.) This first miscellaneous appeal is at the instance of an applicant under Section 20 of the Arbitration Act, 1940 (hereinafter referred to as the Act) and is directed against the order dated 18th September, 1986, passed by the Assistant District Judge, 3rd Court, Alipore in Title Suit No. 82 of 1984 thereby rejecting the said application as not maintainable.
(2.) The present appellant filed the aforesaid application under Section 20 of the Act thereby praying For filing an agreement between the parties which contained an Arbitration Clause.
(3.) The aforesaid application was contested by the respondents thereby denying the material allegations contained in the application and also taking a point as to the maintainability of the application. According to the respondents, an application under Section 20 of the Act is not maintainable unless the applicant had approached the respondents for referring the disputes in terms of the agreement for arbitration.;