M.M.S.Bedi, J. - (1.) In a suit filed by the plaintiff- respondent No.1 for rendition of account of truck, financed by plaintiff- respondents from the petitioner finance company and for permanent injunction restraining the petitioner and other respondents to take forcible possession of the truck, the trial court has dismissed the application, filed by the defendant- petitioner u/s8 of the Arbitration and Conciliation Act ( for short 'the act'). The provisions of Section 8(2) of the Act, makes it mandatory that an application u/s 8(1) of the Act shall not be entertained unless it is accompanied by original arbitration agreement or a duly certified copy thereof. A perusal of the impugned order indicates that for non compliance of the requirement of Section 8(2) of the Act, the application of the petitioner-finance company , has been dismissed on technical ground. Vide order dated 22.1.2010, the defendant- petitioner has been deprived of the opportunity to get the adjudication of the application under Section 8 of the Act on merits.
(2.) In the interest of justice, it is deemed appropriate that the petitioner should be given a right to contest its application u/s 8 of the Act by complying with all the statutory formalities.
(3.) Accordingly, the petition is allowed and order dated 22.2.2010 is hereby set aside with liberty to the petitioner to file a fresh application by complying with the requirement of Section 8(2) of the Act within a period of 15 days after receipt of the certified copy of this order. In case, any such application is filed within 15 days, after complying with the provisions of Section 8 (2) of the Act, the same will be decided afresh by the trial court.;