- (1.) This is an application filed by the defendant no.1 under Section 8 of the Arbitration and Conciliation Act, 1996 for stay of the suit and referring the disputes between the plaintiff and the defendant no.1 to arbitration.
(2.) The applicant/defendant no.1 is a manufacturer of heavy earth moving equipment and particularly dumpers. In or about 2008, the plaintiff purchased 14 dumpers from the defendant no.1. The plaintiff acquired the said assets under a financial arrangement with the defendant nos.2 and 3.
(3.) The plaintiff alleged that the goods supplied by the defendant no.1 were defective and accordingly there is a failure of consideration. The plaintiff has asked for return of consideration as well as loss and damage suffered by reason of supply of such defective dumpers.;