JASWANT SINGH,J - (1.) PETITIONER -defendant has filed the present petition under Article 227 of the Constitution directing against the impugned order dated 19.4.2010 passed by the learned Civil Judge (Sr. Division), Faridabad whereby his application under Section 8 of the Arbitration and Conciliation Act, 1996 (for short "Act of 1996") for referring the dispute to the Arbitration has been dismissed.
(2.) PLAINTIFF -respondent filed a civil suit No. 376 of 2009 for recovery of Rs. 5,79,000/- for deficiency in payment made by the defendant-petitioner. During the pendency of the civil suit, in view of clause (13) of the purchase order dated 10.10.2007 (P.1), petitioner-defendant filed an application dated 15.12.2009 (P.4) under Section 8 of the Act of 1996 for referring the matter to the Arbitrator on the ground that the Civil Court has no jurisdiction. Notice of the application was given to the plaintiff-respondent, who filed his reply dated 10.3.2010 (P.5) and after hearing both the parties, the said application was dismissed by the learned trial Court vide the impugned order dated 19.4.2010. Hence the present petition. Heard learned counsel for the parties and perused the paper book.
(3.) LEARNED counsel for the petitioner has argued that the dispute raised by the plaintiff-respondent in the Civil Suit is squarely covered by Arbitration Clause No. 13 of the Purchaser Order (P.1) and as such the learned trial Court has wrongly rejected the application dated 15.12.2009 and in fact ought to have referred the dispute to the Arbitrator.;